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CEB Minutes 07/23/2020July 23, 2020 Page 1 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY CODE ENFORCEMENT BOARD Naples, Florida, July 23, 2020 LET IT BE REMEMBERED, that the Collier County Code Enforcement Board, in and for the County of Collier, having conducted business herein, met on this date at 9:00 a.m., in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Robert Kaufman Gerald J. Lefebvre Kathleen Elrod Herminio Ortega Barbara Ann Davis Chloe Bowman (Absent) Sue Curley (Absent) Ronald Doino (Absent) ALSO PRESENT: Helen Buchillon, Code Enforcement Elena Gonzalez, Code Enforcement Specialist Jeff Letourneau, Manager of Investigations Patrick White, Attorney to the Board (Via speakerphone) Code Enforcement Board Nuisance Abatement Board AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples, FL 34112 July 23, 2020 9:00 AM Robert Kaufman, Chair Gerald Lefebvre, Vice-Chair Kathleen Elrod, Member Ronald Doino, Member Chloe Bowman, Member Sue Curley, Member Herminio Ortega, Member Barbara Ann Davis, Alternate Danny Blanco, Alternate Notice: Respondents may be limited to twenty (20) minutes for case presentation unless additional time is granted by the Board. Persons wishing to speak on any agenda item will receive up to five (5) minutes unless the time is adjusted by the Chairman. All parties participating in the public hearing are asked to observe Roberts Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto, and therefore may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. APPROVAL OF MINUTES IV. APPROVAL OF AGENDA V. PUBLIC HEARINGS/MOTIONS A. MOTIONS MOTION FOR CONTINUANCE MOTION FOR EXTENSION OF TIME 1. CASE NO: CESD20190011752 OWNER: Roseanne Leising Hogle and Charles F Leising OFFICER: Thomas Pitura VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). New roof for the carport and drywall removal in the interior of the mobile home. No building permits obtained for these alterations. FOLIO NO: 49531440006 PROPERTY 36 Henderson DR, Naples, FL ADDRESS: 2. CASE NO: CELU20190003912 OWNER: TERRA AQUA LLC OFFICER: Eric Short VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Parking/storing vehicles on the property without proper Collier County approval. FOLIO NO: 386280104 PROPERTY No Site Address ADDRESS: B. STIPULATIONS (NON-CONTESTED CASES AND PRESENT AT THE HEARING) C. EMERGENCY CASES D. HEARINGS 1. CASE NO: CEPM20190005028 OWNER: James F Miller, Lafonda D Miller, Thomas J Dillon and Karen K Dillon OFFICER: Sherry Patterson VIOLATIONS: Florida Building Code 6th Edition (2017) Chapter 4, Sections 454.2.17 and 454.2.17.1 through 454.2.17.3. Swimming pool on residentially zoned property without approved permanent safety barrier. FOLIO NO: 66679800604 PROPERTY 6013 Ashford LN, Naples, FL ADDRESS: 2. CASE NO: CESD20190013361 OWNER: DISTINCTIVE DWELLINGS LLC and AISLING HOME PARTNERS LLC OFFICER: Latoya Thompson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted alteration done to dwelling. FOLIO NO: 24980400007 PROPERTY 1960 Estey Ave, Naples, FL ADDRESS: 3. CASE NO: CESD20190012078 OWNER: Scott E Stewart and Mary E Stewart OFFICER: Arthur Ford VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Lanai enclosed without required permits, inspections and certificate of completion/occupancy. FOLIO NO: 72400000285 PROPERTY 6855 San Marino DR Unit 204C, Naples, FL ADDRESS: 4. CASE NO: CEA20200000431 OWNER: Abdallah Masoud Mustafa OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.02.07. Fourteen (14) hoofed livestock on improved Estates zoned property 1.14 acres with an allowable amount of two (2) hoofed animals and animal enclosure with animals occupied within less than seventy-five (75) feet from main residence. FOLIO NO: 45846280007 PROPERTY 1270 13th ST SW, Naples, FL ADDRESS: 5. CASE NO: CELU20190013849 OWNER: NOAH'S ARK CHURCH INC OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Noah’s Ark Church operating a food bank distribution operation. Patrons are occupying more parking spaces than what is allocated to the church per the approved Administrative Parking Reduction approval letter. FOLIO NO: 35931080009 PROPERTY 11853 Collier Blvd, Naples, FL ADDRESS: 6. CASE NO: CELU20190013462 OWNER: Ruth M Crittenden OFFICER: William Shanahan VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Two large mobile storage units/containers on a residential property. FOLIO NO: 36454120005 PROPERTY 3078 52nd St SW, Naples, FL ADDRESS: 7. CASE NO: CELU20190006474 OWNER: Lisa Marie Silverman OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Mobile home on improved parcel in Estates zoning FOLIO NO: 37281760006 PROPERTY 581 2nd St NE, Naples, FL ADDRESS: 8. CASE NO: CESD20180006864 OWNER: Zoelle Cattanio and Scott Cattanio as Guardian OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) and Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231(12)(f). Outside stairs and deck do not meet current Building Code as determined by Collier County Building Official. FOLIO NO: 82641000005 PROPERTY 2579 Andrew DR, Naples, FL ADDRESS: 9. CASE NO: CESD20190008083 OWNER: Jantina Jo Hanna OFFICER: John Johnson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). A mobile home that has had extensive interior modifications, a separate garage building structure, and an accessory structure on the rear of this property do not have the required permitting, inspections and approval from the County. FOLIO NO: 53352760003 PROPERTY 3061 Lunar St, Naples, FL ADDRESS: 10. CASE NO: CESD20190013362 OWNER: NICMAR1617 LLC OFFICER: Ryan Cathey VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Improvements to the home including, but not limited to, drywall and electric. FOLIO NO: 55401760004 PROPERTY 251 Torrey Pines PT, Naples, FL ADDRESS: 11. CASE NO: CESD20190001769 OWNER: SA EQUITY GROUP LLC OFFICER: Tony Asaro VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Structure(s) on the property without first obtaining Collier County Building permit(s). FOLIO NO: 63864440005 PROPERTY 114 New Market RD E, Unit 12, Immokalee, FL ADDRESS: 12. CASE NO: CESD20190013491 OWNER: Larry R Davis OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Interior and exterior renovations and electrical work without required permits, inspections and certificate of completion/occupancy. FOLIO NO: 24532800000 PROPERTY 55 7th St, Bonita Springs, FL ADDRESS: 13. CASE NO: CESD20180004997 OWNER: Guillermo Bohm and Samantha Stevins OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Construction/alteration prior to obtaining required Collier County permit(s). FOLIO NO: 66679900588 PROPERTY 5887 Barclay LN, Naples, FL ADDRESS: 14. CASE NO: CELU20200001705 OWNER: TYLINSKI PROPERTIES LLC OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 1.04.01(A). Operation of a business without obtaining all Collier County approvals and certificates of occupancy. FOLIO NO: 60782160004 PROPERTY 11342 Tamiami Trail E, Naples, FL ADDRESS: 15. CASE NO: CEA20200001414 OWNER: Dean Parave and Irene Momi Parave OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 2.03.02(A)(1)(d). Pig being kept in residentially zoned home. FOLIO NO: 22435002949 PROPERTY 1234 Kendari TER, Naples, FL ADDRESS: 16. CASE NO: CEVR20190002923 OWNER: Rogelio Hernandez OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). Observed .90 acre removal of vegetation and ground cover packed and smoothed by machinery. FOLIO NO: 40984080009 PROPERTY 2810 8th Ave SE, Naples, FL ADDRESS: 17. CASE NO: CESD20190009564 OWNER: Syed M Madni OFFICER: Paula Guy VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Accessory barn structure with interior alterations made for residence living space. FOLIO NO: 00215560005 PROPERTY 1858 Richards St, Naples, FL ADDRESS: 18. CASE NO: CEOCC20190008179 OWNER: Crispin Trujillo OFFICER: Delicia Pulse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 126, Article IV, Section 126-11(b) and Collier County Land Development Code 04-41, as amended, Sections 5.02.03, 5.02.03(C), 5.02.03(E) and 5.02.03(J). Prohibited business activity observed. Employees coming to and leaving property. No Business Tax receipt for business operation. FOLIO NO: 38398960002 PROPERTY 4825 Green Blvd, Naples, FL ADDRESS: 19. CASE NO: CEVR20180005925 OWNER: Eric P Solomon and Cammeron Solomon OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 3.05.04(D), 3.05.02(G)(5), 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Removal of native vegetation and ground cover within a wetland area where the total area cleared exceeds the one (1) acre without first obtaining a Vegetation Removal permit. FOLIO NO: 41933120003 PROPERTY 6180 Hidden Oaks LN, Naples, FL ADDRESS: 20. CASE NO: CEPM20190008606 OWNER: Arthur S Nichols and Stella M Nichols OFFICER: Virginie Giguere VIOLATIONS: Collier County Code of Laws and Ordinances Chapter 22, Article VI, Section 22-231(15) and Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unmaintained pool. FOLIO NO: 26830520006 PROPERTY 3112 Gordon St, Naples, FL ADDRESS: VI. OLD BUSINESS A. MOTION FOR REDUCTION/ABATEMENT OF FINES/LIENS B. MOTION FOR RE-HEARING 1. CASE NO: CEPM20190014944 OWNER: Daniel F Tripp and Sandra L Tripp OFFICER: Stephen Athey VIOLATIONS: Collier County Code of Laws and Ordinances, Section 22-236. Dangerous/unsafe structure as determined by the County Building Official. FOLIO NO: 45965000003 PROPERTY 2060 21st ST SW, Naples, FL ADDRESS: C. MOTION FOR IMPOSITION OF FINES/LIENS 1. CASE NO: CESD20180011094 OWNER: 11724 QUAIL VILLAGE WAY TRUST OFFICER: Delicia Pulse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Alterations to interior including, but not limited to, structural, drywall, cabinetry, electrical and plumbing and no Collier County Building permit obtained. FOLIO NO: 00184680003 PROPERTY 11724 Quail Village Way, Naples, FL ADDRESS: 2. CASE NO: CESD20140017894 OWNER: Americo Arias Jr and Caroline Arias OFFICER: Michele McGonagle VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(A). Incomplete home. FOLIO NO: 40420400004 PROPERTY 2087 Desoto Blvd N, Naples, FL ADDRESS: 3. CASE NO: CEVR20170019610 OWNER: Panter Colon-Taboada OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 10.02.06(B)(1)(a) and 10.02.06(B)(i)(e). Removal of native vegetation using heavy machinery without first obtaining a Vegetation Removal Permit, and where the total area cleared exceeds the one (1) acre, approximately 58,627 square feet allowed to be cleared by the Building Permit issued for construction of the principle structure. Alteration of land through placement of fill that removed or otherwise destroyed vegetation without first obtaining approval from the County. FOLIO NO: 36613600007 PROPERTY 4460 3rd Ave SW, Naples, FL ADDRESS: 4. CASE NO: CELU20190003912 OWNER: TERRA AQUA LLC OFFICER: Eric Short VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A) and 2.02.03. Parking/storing vehicles on the property without proper Collier County approval. FOLIO NO: 386280104 PROPERTY No Site Address ADDRESS: 5. CASE NO: CESD20180008035 OWNER: ESTANCIA US LLC OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e). Interior construction/alteration at a commercially zoned property without required Collier County permit(s). FOLIO NO: 55850160006 PROPERTY 4701 Bonita Beach Rd, Bonita Springs, FL ADDRESS: 6. CASE NO: CESD20190012462 OWNER: CLC OF NAPLES LLC OFFICER: Virginie Giguere VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Home hauled onto the property without first obtaining permits. FOLIO NO: 74413240001 PROPERTY 3415 Cherokee St, Naples, FL ADDRESS: 7. CASE NO: CES20190008119 OWNER: NAPLES/DAVIS BLVD LP OFFICER: William Marchand VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 5.06.11(A)(1). Observed an altered plaza sign without a Collier County permit. FOLIO NO: 401960008 PROPERTY 6350 Davis Blvd, Naples, FL ADDRESS: 8. CASE NO: CEV20190012844 OWNER: Steven J Stilton EST OFFICER: Ryan Cathey VIOLATIONS: Collier County Code of Laws and Ordinances, Section 130-95. Vehicle parked in the front yard with no license plate. FOLIO NO: 738680006 PROPERTY 120 Andrea LN, Naples, FL ADDRESS: 9. CASE NO: CEPM20180014370 OWNER: Milan Jovanovic OFFICER: John Connetta VIOLATIONS: Collier County Code of Laws and Ordinances, Sections 22- 231(12)(i) and 22-242. Unsecured vacant dwelling with broken windows and where access can be gained. FOLIO NO: 62414120006 PROPERTY 839 104th Ave N, Naples, FL ADDRESS: D. MOTION TO RESCIND PREVIOUSLY ISSUED ORDER E. MOTION TO AMEND PREVIOUSLY ISSUED ORDER VII. NEW BUSINESS VIII. CONSENT AGENDA A. REQUEST TO FORWARD CASES TO COUNTY ATTORNEY'S OFFICE IX. REPORTS X. COMMENTS XI. ADJOURN XII. NUISANCE ABATEMENT BOARD XIII. NEXT MEETING DATE - FRIDAY, AUGUST 28, 2020 AT 9:00 A.M. XIV.ADJOURN July 23, 2020 Page 2 CHAIRMAN KAUFMAN: I'd like to call the Code Enforcement Board to order. Notice: Respondents may be limited to 20 minutes for case presentation unless additional time granted by the Board. Persons wishing to speak on any agenda item will receive up to five minutes' time unless it's adjusted by the Chairman. All parties participating in the public hearing are asked to observe Robert's Rules of Order and speak one at a time so that the court reporter can record all statements being made. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and, therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Neither Collier County nor the Code Enforcement Board shall be responsible for providing this record. And if we'd all stand for the Pledge. (The Pledge of Allegiance was recited in unison.) CHAIRMAN KAUFMAN: Are we almost done? No. Let's start with the roll call. MS. BUCHILLON: Okay. Good morning. For the record, Helen Buchillon, Code Enforcement. Mr. Robert Kaufman? CHAIRMAN KAUFMAN: Here. MS. BUCHILLON: Mr. Gerald Lefebvre? MR. LEFEBVRE: Here. MS. BUCHILLON: Mr. Herminio Ortega? MR. ORTEGA: Here. MS. BUCHILLON: Ms. Kathleen Elrod? MS. ELROD: Here. MS. BUCHILLON: Ms. Barbara Ann Davis? MS. DAVIS: Here. July 23, 2020 Page 3 CHAIRMAN KAUFMAN: Okay. We have a new attorney, I believe. MS. BUCHILLON: I'm sorry. I'm going to it put on the record, we do have a new attorney. Mr. White will be joining us via conference call. CHAIRMAN KAUFMAN: Is he on? MS. BUCHILLON: His name is Patrick White. CHAIRMAN KAUFMAN: Patrick, are you there? A little louder. MR. WHITE: Mr. Chairman, I am. Good morning to you and the Board. CHAIRMAN KAUFMAN: Good morning, Patrick. MR. WHITE: It's a pleasure to be (unintelligible) to you. I am monitoring via Collier TV live. There's approximately a 30-second lag, but I'm otherwise prepared and looking forward to the proceedings today. If there's any questions you have of me, feel free to ask. I'll, of course, be monitoring via the call. CHAIRMAN KAUFMAN: Okay. Well, welcome to the Board. How do we look? Do we look okay? (No response.) CHAIRMAN KAUFMAN: Okay. I don't even remember the last minutes we had, but I signed them this morning. MS. BUCHILLON: Yes. CHAIRMAN KAUFMAN: Do we have any changes to the minutes that were made? MS. BUCHILLON: To the minutes, no. CHAIRMAN KAUFMAN: Okay. Get a motion to approve the minutes. MS. ELROD: Motion to approve. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and second. All July 23, 2020 Page 4 those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Brings us to -- all the members up here will be voting members today -- the agenda. MS. BUCHILLON: Yes, sir. Okay. Under Public Hearings, Motion for Extension of Time, No. 1, CESD20190011752, Roseanne Leising Hogle and Charles F. Leising, has been withdrawn. Respondent withdrew request. Number 2 under Motion for Extension of Time, CELU20190003912, Terra Aqua LLC, has been withdrawn due to compliance efforts. Under Public Hearings, D, Hearings, No. 1, CEPM20190005028, James F. Miller, Lafonda D. Miller, Thomas J. Dillon, and Karen K. Dillon, have been withdrawn due to compliance efforts. Under Hearings, No. 3, CESD20190012078, Scott E. Stewart and Mary E. Stewart, has been withdrawn due to compliance efforts. Number 4, CEA20200000431, Abdallah Masoud Mustafa, has been withdrawn due to medical reasons. Number 5, CELU20190013849, Noah's Ark Church Inc., has been withdrawn, and it will be rescheduled for the next hearing. Number 6, CELU20190013462. It's a Stipulation. Number 10 under hearings, CESD20190013362, has been withdrawn due to compliance efforts. July 23, 2020 Page 5 Number 11, CESD20190001769, SA Equity Group, is a Stipulation. Number 12, CESD20190013491, Larry R. Davis, has been withdrawn. It will be rescheduled for the next hearing. Number 13, CESD20180004997, it's a Stipulation. Number 14, CELU20200001705, Tylinski Properties LLC, another Stipulation. Number 15, CEA20200001414, Dean Parave and Irene Momi Parave, Stipulation. Number 16, CEVR20190002923, Rogelio Hernandez, Stipulation. Number 17, CESD20190009564, Syed M. Madni, it's a Stipulation. Number 18, CEOCC20190008179, Crispin Trujillo, it's a Stipulation. Number 19, CEVR20180005925, Eric P. Solomon and Cammeron Solomon, Stipulation. Number 20, CEPM20190008606, Arthur S. Nichols and Stella M. Nichols, Stipulation. Under Old Business, Motion for Rehearing, No. 1, CEPM20190014944, Daniel F. Tripp and Sandra L. Tripp has been withdrawn. Respondent withdrew request. Under C Motion for Imposition of Fines, No. 4, CELU20190003912, Terra Aqua LLC, has been withdrawn due to compliance efforts. Number 5, CESD20180008035, Estancia U.S. LLC, has been withdrawn due to compliance efforts. Number 7, CES20190008119, Naples/Davis Boulevard LP, has been withdrawn. In compliance. And those are all the changes. CHAIRMAN KAUFMAN: Okay. Could we get a motion from July 23, 2020 Page 6 the Board to accept the agenda as modified. MR. ORTEGA: Make a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and seconded. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Mr. Kaufman, we have another Stipulation under Hearings, No. 8, CESD20180006864. CHAIRMAN KAUFMAN: Okay. Anything else? MS. BUCHILLON: No, sir. CHAIRMAN KAUFMAN: Could we get another motion to modify the agenda? MR. ORTEGA: I'll make a motion to modify the agenda. MS. ELROD: Second. CHAIRMAN KAUFMAN: Motion and second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. July 23, 2020 Page 7 MS. BUCHILLON: Okay. CHAIRMAN KAUFMAN: Okay. We're going to hear the stipulations first? MS. BUCHILLON: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Number 6, CELU20190013462, Ruth M. Crittenden. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. CHAIRMAN KAUFMAN: Good morning. MS. PEREZ: Good morning. For the record, Cristina Perez, Collier County Code Enforcement supervisor. CHAIRMAN KAUFMAN: Okay. You want to read the stip into the record. MS. PEREZ: Yes, sir. This is in reference to Case No. CELU20190013462. The investigator met with the respondent and, therefore, it was agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Removing the unauthorized storage units kept on residential zoned property within 60 days of this hearing, or a fine of $150 per day would be imposed until the violation's abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, July 23, 2020 Page 8 and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Did you say it was 50 days, five zero? MS. PEREZ: Sixty. CHAIRMAN KAUFMAN: Sixty, okay. Any questions or comments from the Board? (No response.) CHAIRMAN KAUFMAN: Any motions from the Board? MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Cristine [sic]. MS. BUCHILLON: Next -- we're going to go ahead and do Case Number -- under imposition of fines we're going to go No. 9 because the attorney's here. CEPM20180014370, Milan Jovanovic. CHAIRMAN KAUFMAN: Do you have any of the sheets on the -- that we used to get showing what the -- MS. BUCHILLON: Yeah. They should be there on the back. July 23, 2020 Page 9 CHAIRMAN KAUFMAN: The back of the packet? MS. BUCHILLON: Yeah, the last pack. And it should be the last one on the -- CHAIRMAN KAUFMAN: Okay. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. CHAIRMAN KAUFMAN: Eric, you want to read this into the record. MR. SHORT: Sure. For the record, Supervisor Eric Short with Collier County Code Enforcement. This is in regard to the violations of the Collier County Code of Laws and Ordinances, Section 22-231(12)(i) and Section 22-242. The location was 839 104th Avenue North, Naples, Florida, and Folio is 62414120006. The past -- or description of the violation was an unsecured vacant dwelling with broken windows and where access could be gained. Your past orders were on May 23rd, 2019, where the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board in the official records book 5639, Page 2153, for more information. The violation has been abated as of February 24th, 2020. Fines and costs to date are as follows: Fines accrued at a rate of $200 per day for a period of June 23rd, 2019, to February 24th, 2020, 247 days, for a total fine amount of $49,400. Previously assessed operational costs of $60.12 have been paid. Operational costs for today's hearing is $59.28, for a total amount of $49,459.28. And, Mr. Kaufman, the county has no objection, but I believe July 23, 2020 Page 10 the respondent has a request. CHAIRMAN KAUFMAN: Okay. MR. SAAD: Code Enforcement Board, Sam Saad for the respondent, Milan Jovanovic. As they mentioned, everything's been taken care of. The lot has been demolished. It's now for sale. And this -- we're asking that the fines be abated. This is the one thing standing in the way of getting this lot put back into taxpaying circulation. So, he's requested all the fines be waived. CHAIRMAN KAUFMAN: Okay. Could move that mic up, please. MR. SAAD: I have this impediment I'm trying to speak through, so... CHAIRMAN KAUFMAN: I hadn't noticed. Any comments from the Board? Just one question I have is why did it take so long? MR. SAAD: The respondent is in Canada and has had difficulty throughout his ownership of this property maintaining it is the reason that he demolished it finally and is selling it. It's just been a huge burden to Mr. Jovanovic. And so he's certainly not making any money of this. He's just trying to do the right thing, and he got the property demolished as quickly as he could, managing the process from Canada. CHAIRMAN KAUFMAN: Okay. Any comments or motions from the Board? (No response.) CHAIRMAN KAUFMAN: I'll make a motion, since they're in compliance, to abate the fine. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and a second. MR. LEFEBVRE: Motion to deny. July 23, 2020 Page 11 CHAIRMAN KAUFMAN: Deny the county's ability to -- I'm trying to cut it back on words today. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. SAAD: Thank you. MR. SHORT: Thank you. MS. BUCHILLON: Okay. We're back to Stipulations. Number 16, CEVR20190002923, Rogelio Hernandez. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. MR. LEFEBVRE: I have a quick question. Do we take care of respondents that are currently here for all cases before we move on to stipulations or anything without? MS. BUCHILLON: No. We've always done stipulations first, and then we do respondents that are here. MR. LEFEBVRE: Okay. All right. CHAIRMAN KAUFMAN: It's actually -- the Board can decide to do it one way or the other. MR. LEFEBVRE: I just figured because the attorney was here and the -- CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: -- public's here. CHAIRMAN KAUFMAN: Okay. We'll take that into consideration going forward. MS. BUCHILLON: Okay. July 23, 2020 Page 12 CHAIRMAN KAUFMAN: I have one quick question on this one. This is a .9-acre -- less than one acre of vegetation. I believe the rule is -- and, Herminio, you can correct me -- you can clear up to one acre as long as you have a building permit. MR. ORTEGA: Correct. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: Yeah. The .9 is what was in excess. It was past the one acre. That was the total amount that was in excess of clearing. CHAIRMAN KAUFMAN: Oh, it was in excess. Okay. Just a quick question. Do you want to read the stipulation into the record, Cristine? MS. PEREZ: Yes, I will do. For the record, Cristina Perez, Collier County Code Enforcement. This is in reference to Case No. CEVR20190002923. The investigator met with the respondent and, therefore, it was agreed between the parties that the respondent shall : One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining an issued Collier County vegetation removal permit for the unpermitted land clearing and/or any other necessary approvals to include a mitigation report for the land restoration in order to be in compliance with all codes and ordinances within 120 days of this hearing, or a fine of $150 per day will be imposed until the violation's abated; Number 3, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the July 23, 2020 Page 13 violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Do you have anything further to add on this? MS. PEREZ: No, sir. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? Gerald. MR. LEFEBVRE: Question. Does this include restoration of the land? MS. PEREZ: Yes. It would include -- if they can't obtain the vegetation removal permit, they would obtain any other necessary approvals to include a mitigation report to restore the la nd. CHAIRMAN KAUFMAN: Is that in the stipulation? MS. PEREZ: Yes, that is in part of No. 2. MR. LEFEBVRE: But it says, mitigation report for land restoration. It doesn't say land restoration and maintaining of the replanted trees or whatever. MS. PEREZ: That's part of the section that's cited on the notice of violation is that they have to restore the land, and then it's monitored to make sure that they have that 80 percent compliance. MR. LEFEBVRE: Because I know it's been a while since we've seen one of these, but typically it spells out what is needed. And maybe that's not in the stipulation. Maybe it's when we hear the case. But typically it spells out that there has to be a certain amount of survival over a period of time. MS. PEREZ: Right. That has been added in previous cases before. MR. LEFEBVRE: Okay. But I just want to make sure it's clear that it's just not getting the mitigation report, submitting it and being approved, and then they don't have to do anything. July 23, 2020 Page 14 MS. PEREZ: No. Yeah, they would have to submit the mitigation report for the land restoration in order to be in compliance with all the county codes and ordinances, which would include that, because that was cited in the notice of violation. MR. LETOURNEAU: Mr. Lefebvre, I believe that the other necessary approvals cover that. I think that the approval would coincide with the Environmental Department, the okaying whatever mitigation was required. MR. LEFEBVRE: Yeah. I just want to be clear that they don't come back and say, well, I did everything and -- MS. PEREZ: Yeah, no. MR. LEFEBVRE: They understand. MS. PEREZ: Yeah, that information's typically included in the mitigation report when it's approved, the 80 percent survival within the three-year period -- for a three-year period. MR. LEFEBVRE: Okay. Perfect. CHAIRMAN KAUFMAN: Any other questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, somebody like to make a motion? MS. ELROD: I'll make a motion to accept the stipulation. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? July 23, 2020 Page 15 (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you. MS. BUCHILLON: Next Stipulation under Hearings, No. 17, CESD20190009564, Syed M. Madni. CHAIRMAN KAUFMAN: We're giving Cristine a workout going back and forth. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: I do. For the record, Cristina Perez, Collier County Code Enforcement Supervisor. This is in reference to Case No. CESD20190009564. The investigator met with the respondent and, therefore, it was agreed between the parties that the respondent should: One, pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Obtaining all required Collier County building permits or demolition permits, inspection, and certificate of completion or occupancy for the unpermitted barn/structure and alterations to interior residential living space within 180 days of this hearing, or a fine of $150 per day would be imposed until the violation's abated; Three, that the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the property into compliance -- to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce of provision of this agreement, and all costs of abatement shall be assessed to the property owner. July 23, 2020 Page 16 CHAIRMAN KAUFMAN: Okay. A couple of quick questions. There was electric and water added to this structure at some point? MS. PEREZ: There was. CHAIRMAN KAUFMAN: Was this turned over to Code Enforcement from Contractors Licensing? MS. PEREZ: There was a citizen complaint that had come over to us, and we've worked the case through Contractor Licensing and, obviously, the property owner. So, the property owner is working with a licensed contractor to abate the violation. CHAIRMAN KAUFMAN: Okay. I don't see dates on this. This is an old case? A new case? MS. PEREZ: This is a case that -- it was a complaint that was filed to us in August of 2019. CHAIRMAN KAUFMAN: Okay. So, it's relatively old. MS. PEREZ: Right. CHAIRMAN KAUFMAN: Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, anybody like to make a motion? MS. DAVIS: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation as written and a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) July 23, 2020 Page 17 CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next Stipulation, No. 15, CEA20200001414, Dean Parave and Irene Parave. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. CHAIRMAN KAUFMAN: Good morning, Joe. MR. MUCHA: Good morning. CHAIRMAN KAUFMAN: I could tell it was you even though you have a mask on. Okay. You want to read the stipulation into the record for us? MR. MUCHA: Yes, sir. For the record, Joe Mucha, Supervisor with Collier County Code Enforcement. Therefore, it is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violations by: Must remove any and all prohibited animals from residentially zoned property within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Three, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection and confirm compliance; Four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. This is a pig being kept in the wrong place. We didn't have to go through an argument of is it a pig, is it a hog, et cetera? July 23, 2020 Page 18 MR. MUCHA: Right. And this is -- just to give you a little background, it's one of those little, I think, smaller pigs and kept indoors. Not like someone's keeping it outside or anything. And the property owner's actually selling his property to move out of the HOA so he can keep his pig. He just asked for a little time. CHAIRMAN KAUFMAN: Any questions from the Board? MS. ELROD: It's not a therapy animal? MR. MUCHA: Actually, the lady that owns the pig said it's, like, an emotional support. CHAIRMAN KAUFMAN: That's what my wife says about me, but... Okay. Any other questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, someone like to make a motion? MR. ORTEGA: I'll make a motion to approve the stipulation as written. MS. ELROD: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: You didn't think I could let that go by without some comment. July 23, 2020 Page 19 MS. BUCHILLON: Next Stipulation, No. 14, CELU20200001705, Tylinski Properties LLC. CHAIRMAN KAUFMAN: Before we go on, is there anybody left here from the public that would like their case brought up before we hear these stipulations? MR. FRUMENTI: I would when my wife comes back. MR. LEFEBVRE: She's coming back in right now. CHAIRMAN KAUFMAN: Okay. I just mention that if you can accommodate these folks. MS. BUCHILLON: Absolutely. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Yes, we can do that. CHAIRMAN KAUFMAN: Okay. So, let's do 14, and then we'll tackle the next case. MS. BUCHILLON: Okay. We wanted you to get your exercise, Joe. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, Supervisor Collier County Code Enforcement. Just to give you a little background on this, this has been a recurring issue with Code Enforcement and this business. So, we basically brought it here to get a finding of fact. So, I met with the business owner, property owner on Monday, and he agreed. Therefore, it is agreed between the parties that the respondent shall: Pay operational costs in the amount of $59.21 incurred in the prosecution of this case within 30 days of this hearing; Two, that the Code Enforcement Board issue a finding of fact that the respondent was guilty of the above-referenced violation at the July 23, 2020 Page 20 time a notice of violation was served. CHAIRMAN KAUFMAN: So, the respondent is aware that any subsequent violation could result in fines? MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So, it's been abated? MR. MUCHA: Yes, sir. MR. LEFEBVRE: What kind of business was this? MR. MUCHA: It's a pottery business. The one if you're going towards Marco there on the right-hand side. Tamiami Trail. MR. LEFEBVRE: So, he just needed to get his business licenses and stuff? MR. MUCHA: Right. He's real close to getting a certificate of occupancy for his building, and that's been kind of the problem all along. He's been doing that and then still having customers periodically stop by, but we think we've got a handle on that now. MR. LEFEBVRE: So, he's still not compliance, or he's not -- MR. MUCHA: He's not having any customers there anymore, basically. MR. LEFEBVRE: Okay. MR. MUCHA: So, we've been monitoring it for several months, but we just wanted to get it on the record that, hey, this has been a recurring issue. Let's get this finding of fact in case, if it does happen again, it would be a repeat violation. CHAIRMAN KAUFMAN: Okay. Any other comments or questions from the Board? MS. ELROD: I'll make a motion to accept the stipulation. CHAIRMAN KAUFMAN: We have a motion. MR. ORTEGA: Second. MS. DAVIS: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? July 23, 2020 Page 21 MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Okay. MS. BUCHILLON: Next item on the Agenda under Hearings, No. 7, CELU20190006474, Lisa Marie Silverman. MR. LEFEBVRE: Make a motion to amend the agenda. CHAIRMAN KAUFMAN: Well, I don't know if we need to amend it. It's just the order that we're going in. MS. BUCHILLON: Yeah, I don't think we need to amend it. MR. LEFEBVRE: Okay. CHAIRMAN KAUFMAN: You may want to tilt the microphone down to you a little bit. There you go. (The speakers were duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. MS. SILVERMAN: I do. CHAIRMAN KAUFMAN: Okay. Good morning. MS. SILVERMAN: Good morning. CHAIRMAN KAUFMAN: Good morning, Michele. MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: Why don't you start us off. MS. McGONAGLE: Good morning. For the record, Investigator Michele McGonagle, Collier County Code Enforcement. This is in reference to Case No. CELU20190006474 dealing with a violation of Collier County Land Development Code 04-41, as July 23, 2020 Page 22 amended, Section 1.04.01.A and Section 2.02.03, mobile home on improved parcel in Estates zoning. Violation location: 581 2nd Street Northeast, Naples, Florida. Folio: 37281760006. Service was given on July 3rd, 2019. I would now like to present case evidence in the following exhibits: One picture taken by Investigator Guy on May 30th, 2019, five pictures taken by Investigator Guy on July 9th, 2019, and one picture taken by me on July 22nd, 2020. CHAIRMAN KAUFMAN: Has the respondent seen the photos? MS. McGONAGLE: Yes, sir. MS. SILVERMAN: Yes, I have. CHAIRMAN KAUFMAN: Do you have any objection to those photos being entered into evidence? MS. SILVERMAN: No, I don't. CHAIRMAN KAUFMAN: Okay. Could we get a motion from the Board to accept the photos. MS. ELROD: Motion to accept. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So, the first picture is "Collier County." Oh, there it is. Why July 23, 2020 Page 23 don't you give us a little blow by blow what we're seeing. MS. McGONAGLE: This is a picture taken by Investigator Guy on May 2nd, 2019, showing the mobile home in the front yard of the property. CHAIRMAN KAUFMAN: Is that a mobile home, period, on the property, or is there a residence there as well? MS. McGONAGLE: There's a residence as well. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: On July 9th, Investigator Guy met with the property owner, and these following five pictures were taken at that time. This is just a picture of the outside. This is one that she took from the inside showing the kitchen area, and then kind of self-explanatory, just showing the furniture and stuff inside, and then it's on axles. And then that's just another one showing the outside and the man door. And then this picture was taken by me yesterday. You can still see -- there's a fence on the property now, but you can see the rear of the mobile home still remains on the property. MR. ORTEGA: Is anyone living in there? MS. McGONAGLE: No. CHAIRMAN KAUFMAN: Is there electric? MS. SILVERMAN: No. MR. ORTEGA: Waste? MS. McGONAGLE: At this point it's being used for storage. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: The case was opened on May 29th, 2019, and investigated by Investigator Guy. She made a site visit on May 30, 2019 and observed a mobile home in the front yard. Notice of violation was prepared and posted on June 26th, 2019. On July 9th, 2019, Investigator Guy met at the property with the July 23, 2020 Page 24 owner, Ms. Silverman, who provided access to view the mobile home. The owner stated that she wanted to use it for storage. Investigator Guy advised her that a determination would be submitted to the Zoning Department for review and that she should contact the Building Department to determine if it could be converted into storage and obtain a permit to convert it to storage. On August 12th, 2019, Zoning determined that this Estates zoning district doesn't permit a mobile home, and it can't be used for an accessory structure or storage unless it was modified to meet applicable building and fire codes for a storage building. On August 16th, 2019, Building Official Jonathan Walsh determined that the mobile home may be used as storage but would be required -- it would require a building permit and engineering for the alteration and changes to storage. October 9th, 2019, Ms. Silverman called Investigator Guy who advised her that she had two options for abatement: Removal of the mobile home or obtain a permit to alter the mobile home to storage, which she needed to discuss with Renald Paul on that process. She was provided a three-week extension for the corrections. November 13th, 2019, Ms. Silverman left Investigator Guy a message stating that she hired an engineer to have a permit obtained for the storage conversion of the mobile home. On November 22nd, 2019, I called the property owner, Ms. Silverman, and introduced myself as the new area investigator and asked where she was in the permitting process. She stated the trailer's not a mobile home but an RV that was converted to an office and is now used for storage and that she has hired an engineer to verify that there are no dwelling components in it. Case was prepared for a hearing on March 26th, 2020. On July 21st, 2020, I called Ms. Silverman to discuss signing a July 23, 2020 Page 25 stipulation agreement, which she declined. She is still claiming that the trailer is not a mobile home but an office trailer. CHAIRMAN KAUFMAN: Okay. Have you sent that to Renald Paul or to the Zoning people to comment on whether it's a RV or a mobile home? MS. McGONAGLE: They were shown the pictures -- the building official was shown the pictures when he determined that it was a mobile home and could not remain on the property unless it was converted to storage. CHAIRMAN KAUFMAN: That was Walsh? MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Okay. Which brings us to Ms. Silverman. Could you -- do you have any questions of Code Enforcement? MS. SILVERMAN: Yes. I was just wondering, I was called to sign a stipulation; a stipulation of what? I'm not sure, because I was never called to sign a stipulation. MS. McGONAGLE: This is when I talked to you yesterday. MR. FRUMENTI: Yesterday. MS. McGONAGLE: Was it yesterday or the day before? MS. SILVERMAN: To sign a stipulation of what? MS. McGONAGLE: That's when I explained the stipulation agreement is basically saying that you understand that there is a violation on the property and that you agree to correct it within a certain amount of time rather than coming to the hearing. MS. SILVERMAN: I definitely would have done that, but... MS. McGONAGLE: And that's when you said that you wanted to come to the hearing because you don't believe it's a mobile home. MS. SILVERMAN: Okay. All right. Well, the violation, like she said, started in May. And I, by accident, my bad, sent the wrong certificate of title tha t I sold. It was July 23, 2020 Page 26 actually a drivable RV. So, I have 12 acres altogether. I have a pet rescue. And, like an idiot, I did send the wrong title, certificate of title. I have -- I also have pictures. It's definitely absolutely a storage unit. So what I was told by Jonathan Walsh -- it all started last year in May, excuse me, to hire a -- it cost me $2,500 to hire an engineer -- that I have no dwelling component, so we took the kitchen out. It's totally storage. And I had that all signed, paid for, and notarized that it is a -- it's called The Funny Farm Rescue, Incorporated, and next door where I live is Affordable Pet Grooming Resort that's been there since 2011. So, I do have to store their feed in there, which I have to now put in my house. But I store, you know, kennels, bedding, anything I can. Not food, because when it gets hot I have to put it in my house, because I was told, you know, I can't have any kind of electric in there. So, I did that. I got it all notarized, as you see. Paid for it, $2,500. And I went down myself -- because I wanted to do everything right, down to Horseshoe Drive, and they looked it up and said it was fine. So, it went for, like, another seven months, excuse me. Spoke to numerous people from Paula Guy to Jonathan Walsh to Michele [sic] Ambach to Chris Ambach -- I'm sorry, to Chris -- I might have the name wrong. And John Walsh said it will be fine as long as you have no dwelling components hooked up, and you make sure you get a licensed engineer. I couldn't, can't believe what it cost me, but I just wanted to do the right thing. And then when I did speak to Michele I said -- it was my bad that I sent the wrong title. And I can prove who bought this, and the gentleman died, unfortunately, in it. It was Dan 's Sheds, and he lived in it on his property, at his wife's property, and he did pass in it. And I said I sent them the wrong certificate of title. July 23, 2020 Page 27 So, I took all the pictures proving that is absolutely a storage shed. It's not an RV at all. It's an office trailer, an ugly office trailer that nobody lives in. There's no -- CHAIRMAN KAUFMAN: Let me stop you one second. MS. SILVERMAN: Sure. CHAIRMAN KAUFMAN: All the documentation that you have and any pictures -- MS. SILVERMAN: Yes. CHAIRMAN KAUFMAN: -- they can be entered into evidence as long as it's provided, that the Board could see it. MS. SILVERMAN: Oh, yeah. I have all the pictures. CHAIRMAN KAUFMAN: But we're not going to pass around your phone. MS. SILVERMAN: Oh, okay. CHAIRMAN KAUFMAN: So -- especially now. Okay. Have you provided that documentation to Code -- MS. SILVERMAN: Yes, that there's not kitchen. It's just all animal crates. CHAIRMAN KAUFMAN: No, I'm talking about the registration that you have there. MS. SILVERMAN: The registration I just spoke to, and I went through all my -- like I said, when I went to Horseshoe Drive, they said the matter's over. There's no outstanding anything -- because I'm selling all my properties. I'm going to go to Georgia, excuse me, and they said there's no outstanding anything. Like I said, this was way last year. And I spoke to a lot of amounts of people. And, you know, I work, so I have to take time off. And I made sure I did everything they said to do with signatures, and I made sure I got signatures and paid for it and notarized it and did my pictures, took out -- there really wasn't a kitchen, you know. I took it out. I sold it. It was July 23, 2020 Page 28 never hooked up. It was always -- and it's not a home trailer. It's an office trailer. And I have all the proof. MR. ORTEGA: Is it an office trailer or storage container? MS. SILVERMAN: I like to call it a storage container, but they keep calling it a mobile home, but it's not a mobile home. I need something to store the pet crates and the pet bedding. I can't put it all in my home. Because I have a rescue. So, I rescue pigs, and we have donkeys, a mule, you know, horses that nobody wants. So, it's a rescue. MR. ORTEGA: All right. Did Jonathan state that a permit was required? MS. McGONAGLE: Yes. MR. ORTEGA: Was a permit applied for and approved? MS. McGONAGLE: No. That's the issue. And if I may, to clarify, the certificate of title she's talking about is for another RV that she had. And she had originally provided that documentation thinking that it was for this current trailer that is on the property. That's why it wasn't mentioned in my presentation because it applied to a different trailer. So, I just wanted to clarify that. CHAIRMAN KAUFMAN: What seems to be up in the air here is, the respondent said -- says that things were covered and everything was okayed at Horseshoe, and yet there's a case before us. So, can somebody clarify that for the Board? MS. McGONAGLE: She had to apply for a permit. She met with Renald Paul, and she did meet with the building official and was told what she needed to do. Once she got the engineering report and removed all those things from the mobile home, she needed to apply for a permit to have that permitted as a storage building, and she didn't. CHAIRMAN KAUFMAN: Okay. July 23, 2020 Page 29 MS. SILVERMAN: Actually, I did. So, I'm not sure -- like I said, every time -- maybe my husband could help me. MS. McGONAGLE: The engineer had submitted some paperwork that he had applied for a permit through the City of Naples, not through Collier County back when Investigator Guy had the case, and she was notified that that was not a Collier County permit, so she -- CHAIRMAN KAUFMAN: So, the property's located in Collier County? MS. McGONAGLE: Yes, it's out in the Estates. CHAIRMAN KAUFMAN: It's not in the city? Okay. MS. SILVERMAN: But if you do see these pictures, just even from afar, you can see there's no kitchen in it. CHAIRMAN KAUFMAN: We can't see the pictures. That's the problem. Terri, you want to swear in -- hold on one second. (The speaker was duly sworn and indicated in the affirmative.) MR. FRUMENTI: I do. THE COURT REPORTER: Your name? MR. FRUMENTI: Joe Frumenti. CHAIRMAN KAUFMAN: Okay. MR. FRUMENTI: Okay. This office trailer, all of the plumbing, everything has been disconnected from it. All the electricals’ been taken apart by it -- by this engineer. He came in, took care of everything. MS. SILVERMAN: It was never connected. MR. FRUMENTI: Then they told us, if you can't see it, you don't have to worry about it, so we put a fence up and blocked it off. I don't know how she got that picture with the corner. She must have been on my property to get the edge of the trailer view. But anyway. You can't see it anywhere from the street. There's no way. They July 23, 2020 Page 30 told us to hide it and it would be fine. We did that. We did the engineer thing. It's never been hooked up to any electric, water, or sewer. It's just a storage unit. We've just got stuff in there. We've got a lot of stuff. We've got a lot of businesses going on. There's all kinds of things in there, and it's just a storage unit. I don't see what the problem is. CHAIRMAN KAUFMAN: Let me see if I can summarize. You say it's a storage unit. MR. FRUMENTI: Storage unit. CHAIRMAN KAUFMAN: And you say that if it's a storage unit you need a permit. MS. McGONAGLE: Yes. CHAIRMAN KAUFMAN: Herminio, is that correct? MR. ORTEGA: That is correct. CHAIRMAN KAUFMAN: Okay. That's the issue before us. Not what's in it. Not what was in it. MR. FRUMENTI: She went to get a permit, I guess. What is this? MS. SILVERMAN: First I was told -- I know. I can only go so fast. First, I was told, like I said, to get the engineer and notarize it. MR. FRUMENTI: Oh, here's the permit application right here. MS. SILVERMAN: Yeah. And I paid $2,500 and brought it into the office of Horseshoe Drive. He took a copy of it, and then I didn't hear from anybody for, like, six months, and I said -- I said, that must be it. And then I had, you know, people -- you know, Michele knocking on the door, you know, yelling at me, and I 'm like, no, no, I already rectified the situation. And then they put another officer on it. Of course, the COVID-19 came along. July 23, 2020 Page 31 And then there was Chris Harmon on it. And I just did everything they wanted me to do and proved that -- MR. FRUMENTI: We've got the application here. MS. SILVERMAN: -- there's no -- CHAIRMAN KAUFMAN: One at a time. MS. SILVERMAN: Yeah. And it was my bad, because I did send in the wrong certificate of title. I did. CHAIRMAN KAUFMAN: Okay. I understand. Let me go back to what I said before. MS. SILVERMAN: Sure. CHAIRMAN KAUFMAN: You have an application for a building permit. Is that what you have in your hand? MR. FRUMENTI: That's what this is right here. CHAIRMAN KAUFMAN: Has that been approved? MR. LETOURNEAU: No, it has not been approved. CHAIRMAN KAUFMAN: Has it been submitted? MR. LETOURNEAU: I don't -- there's no submission in our record right now that I'm looking at. CHAIRMAN KAUFMAN: So that's where we are. MS. SILVERMAN: Right. I was told all you need is the engineer and notification. You don't need a permit, and I did that. CHAIRMAN KAUFMAN: What the county is saying is if it's a storage facility, whatever it is, you need a permit for it on the property. MS. SILVERMAN: But they told me they will not pass it after I did all that. I was told they will not pass it. MR. FRUMENTI: So that's why we got the -- they said you have to get the engineer. MS. SILVERMAN: Put the fence up. MR. FRUMENTI: So, the engineer is supposed to -- MS. SILVERMAN: If you want to ride it -- override. July 23, 2020 Page 32 MR. FRUMENTI: The Building Department. CHAIRMAN KAUFMAN: I don't think that the Board needs to get into why they said that or who said that it wasn't going to pass. MS. SILVERMAN: Well, I have John Walsh's signature that says all of this that I did for $2,500. Then I put a fence up. I jumped through every hoop they wanted me to jump through, so -- and then I didn't hear from them for six months, and then the COVID-19 came, so I thought it was -- everything was fine. And my husband said, make sure you take pictures. There's no kitchen or anything that looks like a kitchen in there. It's a storage unit for pets for all their stuff. MR. ORTEGA: Okay. But the building -- the chief building official for Collier County has made a determination that a permit is required. If you have not applied -- excuse me. If you've not applied for a permit, it doesn't validate anything. You do have to go through the process. And the engineer does not supersede the Building Department. MR. FRUMENTI: If we go pull the permit and they deny it, then what? MR. ORTEGA: Then what you do, you follow up with whatever correction you have to do. MR. FRUMENTI: We've done this on other properties before with an electric permit. I went through this, and it's still haunting me eight years later that we dealt with it four years ago. It was supposed to be put to rest. We went to sell the property, and this popped up again. You have an open permit for electric. I'm like, what? We were told we couldn't do it. We didn't do it. You came out and saw we didn't do it. Then we go to sell the house, and it comes up "open permit for electric." CHAIRMAN KAUFMAN: Let me tell you the position that we're in. July 23, 2020 Page 33 MS. BUCHILLON: You need to speak on the mic, sir. CHAIRMAN KAUFMAN: Okay. Where we are right now is as follows: We have to make a determination whether you are in violation or not. Based on what Herminio has said, you applied for a permit or you didn't apply for a permit. It doesn't matter. There's no permit. And based on that, I don't see any other way we could say that there's no violation. MR. FRUMENTI: Because they told us we didn't need it. They told us to get this engineer paper signed. MS. SILVERMAN: She's just bringing up a permit now. MR. FRUMENTI: This is the first thing I've heard of this permit. I've heard to put up a fence, I've heard to get an engineer, and that's what -- we did everything. MS. SILVERMAN: It cost me $2,500. Take pictures for the hearing. I says, yeah, I'm going to definitely go to the hearing, because I did everything you guys wanted me to do. And I spoke to many different people. I was down there half a dozen times. They kept switching the case, switching the case. I mean, I did do what they told me to do. Get it notarized. You don't need a permit. Put a fence up so nobody can see it. So I put probably, into this ugly office trailer that holds all this pet supplies, 6-, $7,000. CHAIRMAN KAUFMAN: I think we've talked this to death, pardon the expression, but the county is saying that you need a permit. There is no permit. Whether you applied for it or not, that's moot at this point, so... MS. SILVERMAN: This is new to us today though, but okay. CHAIRMAN KAUFMAN: Okay. So before we go any further, I'd like to know whether the Board sees a violation or not. MR. LEFEBVRE: Make a motion that there is a violation. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second that July 23, 2020 Page 34 a violation exists. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? MR. FRUMENTI: Nay. CHAIRMAN KAUFMAN: You don't get to vote. I'm sorry. MR. FRUMENTI: Of course not. CHAIRMAN KAUFMAN: So now to fix this, which is the most important thing, are you going to go forward? MR. FRUMENTI: We'll get a permit. CHAIRMAN KAUFMAN: Okay. MR. FRUMENTI: I'd have went and got a permit a year ago. MS. SILVERMAN: There's nothing in any of these papers -- MR. FRUMENTI: All I get is the runaround by people, and you'll see I'll be back here in a month. They're going to tell me I can't do anything. CHAIRMAN KAUFMAN: No. We're going to give you sufficient time to get a permit. MR. FRUMENTI: Okay. CHAIRMAN KAUFMAN: Anybody like to take a shot at a motion? MR. ORTEGA: I'd like to make a recommendation before that happens. CHAIRMAN KAUFMAN: Okay. We're going to get a recommendation from the county as well. MR. ORTEGA: Before you apply for a permit, go meet with a July 23, 2020 Page 35 residential plans examiner. MS. SILVERMAN: I already spent $2,500. I don't have -- I'm a little, you know, rescue. MR. ORTEGA: This doesn't cost you any money. Before you apply for a permit, go meet with a residential plans examiner. That will help you. MS. SILVERMAN: Well, I did everything that I was told to do. I jumped through every hoop. I did everything I was supposed to. There's nothing in any of these violations that say get a permit. Nothing. So, this is the first I've heard of it. Everything they told me to do, every letter I have here -- you guys don't want to see it. I don't understand why. I did everything. CHAIRMAN KAUFMAN: Let me just say: Herminio is sort of an expert in this field, and he's giving you good advice. We will give you sufficient time to do what you need to do so that you can resolve the situation. MS. SILVERMAN: All right. CHAIRMAN KAUFMAN: So I'm going to ask Michele, do you have a suggestion for us on this case? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. Can you tell me what you've got. MS. McGONAGLE: That the Code Enforcement Board orders the respondent to pay all operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days and abate all violations by: Number 1, ceasing all unauthorized use, including placement of mobile home on this improved property. MS. SILVERMAN: Please, can you stop calling it a mobile home. It's not a mobile home. MS. McGONAGLE: And remove mobile home from the July 23, 2020 Page 36 property or obtain any and all required Collier County approvals, permits, inspections, and certificates of completion within blank days of this hearing, or a fine of blank dollars per day will be imposed until the violation is abated. Number 2, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Herminio, I'm going to ask you to help us with what you think a reasonable amount of time would be required to have this come into compliance. MR. ORTEGA: That's really going to be subject to what the plans examiner is going to have them do, because what happens, you're taking a mobile home, which is typically regulated by DOT, and you converted it into a structure. MS. SILVERMAN: It's not a mobile home. It's an office trailer. MR. ORTEGA: Excuse me, ma'am -- that's being converted to a structure that will have to abide by Florida Building Code. CHAIRMAN KAUFMAN: Okay. Would you say 90 days would be sufficient time to know which direction you're going in? MR. ORTEGA: I would give her 120 days. CHAIRMAN KAUFMAN: One hundred twenty days, okay. MR. LEFEBVRE: I'll try a motion. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: Pay the operational costs in the amount of 59.28 within 30 days, have 150 days to correct the violation, or a $100-a-day fine. July 23, 2020 Page 37 CHAIRMAN KAUFMAN: Okay. That's a motion. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And we have a second. Any discussion on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. So, you have 150 days, which is quite a bit of time. MS. SILVERMAN: Yeah. CHAIRMAN KAUFMAN: I think if you follow what Herminio has suggested, that may go a long way. And, Herminio, you said there's no charge for that? MR. ORTEGA: No. CHAIRMAN KAUFMAN: And at least you'll know what you have in front of us. MS. SILVERMAN: So can I get my $2,500 back that I have proof that they did make me do? CHAIRMAN KAUFMAN: That's not part of the motion. MS. SILVERMAN: I know, but how's that fair? I'm just trying to save these animals, and I'm getting picked on, and I'm doing everything that they told me to do down at Horseshoe Drive. I have total proof of it. MR. LEFEBVRE: What you did might be part of the process to July 23, 2020 Page 38 get your permit. So, it might not be a cost that is -- MS. SILVERMAN: Code Enforcement has it out for me. I don't know why, but they do. I'm just saying. They do. Believe me, I can prove it, so -- and we are going to move to -- we're trying to get rid of everything anyways. But I'll fight this to the end because I did all the right things and paid a lot of money. And, you know, I rescue animals. That's what I do. And I guess I'll go do it in Georgia or just retire from it. But it's pretty sad that there's never been anybody living in this office trailer. It's just used for storage. And I did everything they told me to do. This is the first day I heard of pulling a permit, because I was told you'll never get a permit for it; to just do A, B, and C first. CHAIRMAN KAUFMAN: If it's the first time you've heard about pulling a permit, how come you have an application started? MS. SILVERMAN: Because I was told to get an engineer. It's going to cost me a lot of money. That's, you know, the $2,500. Put the fence up. Believe me when I tell you -- I promise on every pet that I own -- everybody told me a different thing. Everybody down at Horseshoe Drive told me a different thing. And then it will be fine. Do this, then it will be fine. I said, could I have your signature on that? And he did sign it, and I did pay $2,500 for an engineer. I did put up a fence, and I did everything they said, but I understand where you're coming from. CHAIRMAN KAUFMAN: I suggest you follow the advice of Herminio. I think he has offered some sage advice. Thank you very much. MS. SILVERMAN: It's good advice. Thank you very much. CHAIRMAN KAUFMAN: Thank you, Michele. MR. LEFEBVRE: Have a good day. MS. BUCHILLON: Next item on the Agenda, No. 8, July 23, 2020 Page 39 CESD20180006864, Zoelle Cattanio and Scott Cattanio. (The speaker was duly sworn and indicated in the affirmative.) MS. McGONAGLE: I do. CHAIRMAN KAUFMAN: Good morning, Michele. MS. McGONAGLE: Good morning. CHAIRMAN KAUFMAN: Haven't seen you in a while. We have a case here, a stipulation that you'd like to read into the record? MS. McGONAGLE: Yes, sir. CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: The respondent had come earlier, and he agreed to sign the stipulation agreement. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of $59.56 incurred in the prosecution of this case within 30 days of this hearing. I'm sorry. I didn't read in the case number. This is in reference to Case No. CESD20180006864. Number 2, abate all violations by: Obtaining all required Collier County building permits, inspections, and certificate of completion/occupancy for outside stairs and deck within 60 days of this hearing, or a fine of $100 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. Any comments from the July 23, 2020 Page 40 Board? MR. ORTEGA: Question. CHAIRMAN KAUFMAN: Shoot. MR. ORTEGA: Is the deck elevated greater than 30 inches off grade? MS. McGONAGLE: Is it? Yes. MR. ORTEGA: Okay. CHAIRMAN KAUFMAN: Typically, in stairs, the width of the step, the rise, all the rest of that's part of a building -- this was put in without a permit; is that correct? MS. McGONAGLE: He did get a permit for it. The permit expired. He made some repairs during Hurricane Irma and initially didn't have to get a permit just to make those temporary repairs but then, because it was not completed, a notice of violation had been issued. Then he did apply for a permit. He built the deck on the back and repaired the stairs, but he didn't ever get the final inspection done -- CHAIRMAN KAUFMAN: Okay. MS. McGONAGLE: -- before it expired. CHAIRMAN KAUFMAN: Okay. So he needs to get a permit and has to have it inspected? MS. McGONAGLE: (Nods head.) CHAIRMAN KAUFMAN: Okay. Any other comments or questions on the stipulation? (No response.) CHAIRMAN KAUFMAN: Anybody like to make a motion? MS. DAVIS: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept the stipulation as written. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: All those in favor? July 23, 2020 Page 41 MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. McGONAGLE: Thank you. CHAIRMAN KAUFMAN: Thanks, Michele. MS. BUCHILLON: Next item on the Agenda, No. 11, CESD20190001769, SA Equity Group LLC. (The speaker was duly sworn and indicated in the affirmative.) MR. ASARO: I do. CHAIRMAN KAUFMAN: Good morning, Tony. MR. ASARO: Good morning. CHAIRMAN KAUFMAN: I wonder if you could read the stipulation into the record for us. MR. ASARO: This is in reference to Case No. CESD20190001769. The respondents have agreed to enter into a stipulation with Collier County Government. It is agreed between the parties that the respondent shall: One, pay operational costs in the amount of $59.35 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Must obtain a Collier County building permit for the unpermitted structures, inspections, certificate of completion, or remove the unpermitted structures within 120 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, respondent must notify Code Enforcement within 24 July 23, 2020 Page 42 hours of abatement of the violation and request an investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office, to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. So, there are structures on the property where they weren't. Nobody applied for a permit? MR. ASARO: Absolutely, yes. No permits were applied for the erected structures on the property, and they didn't -- CHAIRMAN KAUFMAN: What kind of structures? Barns? Garage? MR. ASARO: Shed-like structures. CHAIRMAN KAUFMAN: Sheds, okay. MR. LEFEBVRE: Is this the market? MR. ASARO: Yeah, the market, 114. MR. LEFEBVRE: Flea market, or whatever, on the weekend. Farmers market. MR. ASARO: Farmers market. MR. LEFEBVRE: We've had multiple cases in front of us, correct? MR. ASARO: I believe there's been some before this one. MR. LEFEBVRE: Yes, with a younger guy that comes in, typically. MR. ASARO: I think it was Steven Lopez, maybe. I'm not sure. MR. LEFEBVRE: But I mean -- no, younger respondent. He's younger. MR. ASARO: Oh, younger. It could be -- it could be Walid Okab, who is the nephew of the property owner, and he's the July 23, 2020 Page 43 manager. CHAIRMAN KAUFMAN: Okay. Any discussion on the stipulation? (No response.) CHAIRMAN KAUFMAN: Any motions on it? MS. ELROD: I'll make a motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. Do we have a second? MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, Tony. MR. ASARO: Thank you. MS. BUCHILLON: Next item on the Agenda, No. 2 CESD20190013361, Distinctive Dwellings LLC and Aisling Home Partners LLC. (The speaker was duly sworn and indicated in the affirmative.) MS. THOMPSON: I do. CHAIRMAN KAUFMAN: Latoya, you don't look familiar to me. You must be somewhat new. MS. THOMPSON: No. I normally go to the other one. I don't come to CEB. CHAIRMAN KAUFMAN: You go to the magistrate? July 23, 2020 Page 44 MS. THOMPSON: Yeah. CHAIRMAN KAUFMAN: Okay. With us you get more of a choice. Do you want to read the stipulation into the record for us? MS. THOMPSON: Yes, sir. This is in reference to Case CESD20190013361. The respondent agreed to a stipulation. Therefore, in between the parties, that the respondent shall: Pay operational costs in the amount of 59.35 incurred in the prosecution of this case within 30 days of the hearing. Abate all violations by obtaining all required Collier County building permits or demolition permits, inspections, and certifications of completion/occupancy for the unpermitted alteration done to the dwelling within 60 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request that the investigator perform a site inspection to confirm compliance; that if the response fails to abate the violation, the county may abate the violation using the method to bring the violation in compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Can I ask what -- in general, what unpermitted alterations were done to the property? MS. THOMPSON: Everything. They -- CHAIRMAN KAUFMAN: That sums it up. MS. THOMPSON: Yeah, everything. CHAIRMAN KAUFMAN: Electrical? Plumbing? MS. THOMPSON: Electrical, plumbing. The whole house was gutted. July 23, 2020 Page 45 CHAIRMAN KAUFMAN: Did you get this from Contractors Licensing? MS. THOMPSON: Yes, it was Contractors Licensing's case, and then it was passed over. CHAIRMAN KAUFMAN: Okay. How much time? MS. THOMPSON: Sixty days. CHAIRMAN KAUFMAN: Sixty days. MS. THOMPSON: Yeah. CHAIRMAN KAUFMAN: Do you think 60 days is going to be sufficient time? You've had conversations? MS. THOMPSON: What happened was they submitted an application for a permit; however, recently it just got rejected because they needed more -- some corrections done. It just got rejected. Prior to -- this LLC had some problems before with previous contractors. Like, the contractor before, his wife and child was in an accident, so she had to get another contractor. So now -- the letter was mailed out yesterday to tell them what corrections they need done in order to get the permit approved so they can start. CHAIRMAN KAUFMAN: Okay. My question really is, we don't want people to have to come back more than once. Is -- 60 days, I guess the respondent feels, is enough time to correct all of the things that need to be corrected? MS. THOMPSON: According to them, they have all the materials on standby. Everything -- they have all the materials purchased. They're just waiting for the permit to be approved, and -- CHAIRMAN KAUFMAN: Once the permit's approved, then you have inspections, et cetera. I see Eric hiding in the side there. He wants to say something. I could tell. (The speaker was duly sworn and indicated in the affirmative.) MR. SHORT: I do. July 23, 2020 Page 46 We met with both respondents from each LLC. This is owned by two corporations. And been in contact with Renald. We agreed that this was a sufficient time frame. Some of the work has been completed, and then some of the material, as far as patching up with the electric was done and plumbing and things like that. I'm confident they can get it done in the 60 days. CHAIRMAN KAUFMAN: Okay. No problem. MR. LEFEBVRE: Just a question. If it was extensive work done on this property -- and Estey is typically -- more likely is in a flood zone, is there an elevation issue here with the 50 percent rule? MR. SHORT: The FEMA review was done, and that aspect has not been rejected. That went through. MR. LEFEBVRE: Okay. Wow. CHAIRMAN KAUFMAN: Okay. Any other questions from the Board? (No response.) CHAIRMAN KAUFMAN: Anybody like to make a motion? MR. LEFEBVRE: I make a motion to accept the stipulated agreement. CHAIRMAN KAUFMAN: Okay. We have a motion to accept. MS. DAVIS: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. See you soon, Latoya. July 23, 2020 Page 47 MS. BUCHILLON: Next item on the Agenda, No. 13, CESD20180004997, Guillermo Bohm and Samantha Stevins. (The speaker was duly sworn and indicated in the affirmative.) MS. PATTERSON: I do. CHAIRMAN KAUFMAN: Good morning. MS. PATTERSON: Good morning. How are you? CHAIRMAN KAUFMAN: So far so good. MS. PATTERSON: Good. So, for the record, my name is Sherry Patterson. I'm a Senior Investigator with Collier County Code Enforcement. I have a stipulation here. Therefore, it is agreed -- let me do the reference. In reference to Case No. CESD20180004997. Therefore, it is agreed between the parties that the respondent shall: Number 1, pay operational costs in the amount of 59.28 incurred in the prosecution of this case within 30 days of this hearing; Number 2, abate all violations by: Obtaining all required Collier County building permits or demolition permit, inspections and certificate of completion/occupancy for the unpermitted construction/alterations in the interior of the home within 90 days of this hearing, or a fine of $200 per day will be imposed until the violation is abated; Number 3, the respondent must notify Code Enforcement within 20 [sic] hours of the abatement of the violation and request the investigation -- the investigator perform a site inspection to confirm compliance; Number 4, that if the respondent fails to abate of violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. July 23, 2020 Page 48 CHAIRMAN KAUFMAN: Okay. Do you want to give us a 20,000-foot assessment of what was done? MS. PATTERSON: They just -- I guess they did some electrical work in there, cut out some of the walls, and they have to replace them. I don't think they did any kind of structure or anything like that but, you know, with drywall and stuff like that they moved, and I think they put some -- maybe some built-in shelves or something in there, so... CHAIRMAN KAUFMAN: They have 90 days. MS. PATTERSON: Ninety days. CHAIRMAN KAUFMAN: That should be sufficient time, I would guess. MS. PATTERSON: Uh-huh. CHAIRMAN KAUFMAN: Any questions from the Board? MR. LEFEBVRE: The case was open in 2018. MS. PATTERSON: Uh-huh. MR. LEFEBVRE: Why so long to bring it? MS. PATTERSON: There was a dispute between the couple that lived in there. It was a guy and a significant other. They were going through a separation. The gentleman, actually, he had a stroke in the meantime, and so it's just been kind of a tough time for them, I think. So, the additional time, I think, would be good to get this done. CHAIRMAN KAUFMAN: Okay. Can we get a motion from the Board. MS. DAVIS: Motion to accept. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and a second to accept the stipulation as written. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. July 23, 2020 Page 49 CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PATTERSON: Thank you. CHAIRMAN KAUFMAN: Thank you, Sherry. MS. BUCHILLON: Next item on the Agenda, Number 18, CEOCC20190008179, Crispin Trujillo. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: I do. Good morning. For the record, Cristina Perez, Collier County Code Enforcement Supervisor. This is in reference to Case No. CEOCC20190008179. The investigator met with the respondent and, therefore, it is agreed between the parties that the respondent sh all: One, pay the operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, abate all violation by: Must obtain a county-issued business tax receipt for the owner-operated business in Collier County, or cease and desist business operation within 30 days of this hearing, or a fine of $150 per day will be imposed until the violation's abated; Three, cease and desist the unauthorized business activity of employees traveling to and from the Estates-zoned property generating more traffic than associated with the allowable residential use within 30 days of this hearing, or a fine of $150 per day will be imposed until the violation's abated; Four, the respondent must notify the Code Enforcement -- Code Enforcement within 24 hours of abatement of the violation and July 23, 2020 Page 50 request the investigator perform a site inspection to confirm compliance; that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. What kind of business is this? MS. PEREZ: Landscaping. CHAIRMAN KAUFMAN: Okay. So, people drive there, leave their car, take the truck, and go out and do the landscaping business and come back? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Okay. Any questions from the Board? (No response.) CHAIRMAN KAUFMAN: Hearing none, any motions from the Board? MS. DAVIS: Motion to accept stipulation. CHAIRMAN KAUFMAN: We have a motion. MS. ELROD: Second. CHAIRMAN KAUFMAN: A second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next item on the Agenda, No. 19, July 23, 2020 Page 51 CEVR20180005925, Eric V. Solomon and Cammeron Solomon. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: I do. For the record, Cristina Perez, Collier County Code Enforcement Supervisor. This is in reference to Case No. CEVR20180005925. The investigator met with the respondent and, therefore, it was agreed between the parties that the respondent shall: One, pay the operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; and, Two, abate all violations by obtaining all Collier County approvals for land clearing alteration/improvements to be in compliance with all codes and ordinances, applying for and issuance of the required permits, or restore the property back to a county-approved condition within 180 days of this hearing, or a fine of $200 per day will be imposed until the violation's abated; Three, the respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; and, Four, that if the respondent fails to abate the violation, that county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provision of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Okay. This is out off Hidden Oaks Lane. They went out there, and I guess they cleared the property? MS. PEREZ: They did. They cleared an excessive amount of the property. CHAIRMAN KAUFMAN: Okay. Is it going to be difficult for them to restore it, or do they have any -- MS. PEREZ: They have some options to attempt to have some July 23, 2020 Page 52 of the space kept as cleared, but if not then, yes, it will be an extensive/expensive process for them to restore it. CHAIRMAN KAUFMAN: Okay. Any questions? MR. ORTEGA: This was done within a wetland area? MS. PEREZ: There was some that was done within a wetland, so the amount of the case that's been opened was also due to some DEP interaction that they had on the case, and we had to wait for them to do their part in their inspection. MR. ORTEGA: Thank you. CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: So how does this one differ from the Hernandez case, whereas the Hernandez case states that a mitigation report will have to be submitted and approved, and this doesn't specify a mitigation report? MR. ORTEGA: No, it does. MR. LEFEBVRE: It does? MR. ORTEGA: A mitigation plan shall be prepared by a person who meets or exceeds the credentials specified in the Land Development Code, chapter 7 of the Administrative Code. MS. PEREZ: It's part of the notice of violation, and in the stipulation it says it has to be an approved condition through the county, and then it has to comply with all codes and ordinances. MR. ORTEGA: Is this why it's been ongoing since 2018? MS. PEREZ: Right, because of the DEP involvement, and then with DEP, they were inundated with cases at the time, so it took them quite a few months to even get out there and even do the initial inspection. MR. LETOURNEAU: Go ahead, sir. I'm sorry. I was just going to say that we're -- you're right, we should have a more standard stipulation for these particular violations, and we're going to work on that, and next time we come back in we'll have some -- we'll July 23, 2020 Page 53 tighten this up. CHAIRMAN KAUFMAN: You'll have a regular template? MR. LETOURNEAU: Exactly. MR. LEFEBVRE: Yeah. I just -- I'm not trying to be -- MS. PEREZ: No. It's completely understandable. MR. LEFEBVRE: The other one -- clarity. People come in all the time and say, well, I didn't know I had to do this. MS. PEREZ: Correct. MR. LEFEBVRE: They might not look at the NOV. They'll look at this. MS. PEREZ: Right. MR. LEFEBVRE: So, I want to be as clear as possible. The DEP probably gave parameters to restore the wetlands, correct? MS. PEREZ: The DEP ended up concluding that although there was some wetlands in there, it wasn't enough to where they were going to prosecute them in any way, so they came back to -- at zero findings after they did their inspection. But it was just the length of time that they took to even go out there and start thei r investigation that, you know, we had to step back and wait for them so that we wouldn't, you know, overlap in our enforcement authority. MR. LEFEBVRE: So, basically, it was determined there wasn't enough of the property -- enough of the wetlands damaged, so they're not going to have jurisdiction. MS. PEREZ: Right. There was, like, 8 percent of the property, you know, that had wetland impact. MR. LEFEBVRE: And how much of that 8 percent did they impact to -- MS. PEREZ: There was 90 percent of the property that was cleared in total. So it was -- that's why the amount of the recommendation on the stipulation was, you know, to give them a July 23, 2020 Page 54 good sufficient amount of time to be able to financially be able to afford if they are going to restore it because of how much of the property was impacted. MR. LEFEBVRE: And how big of a property is this? MS. PEREZ: It's a 2.73-acre parcel. MR. LEFEBVRE: And they can clear up to one acre, correct? MS. PEREZ: One acre was initially cleared, yeah. That was permitted with the original house building. MR. LEFEBVRE: So, about an acre and a half they're going to have to restore. MS. PEREZ: Correct. MR. LEFEBVRE: Wow. Okay. Thank you. CHAIRMAN KAUFMAN: Okay. Do we have a motion on this? MR. LEFEBVRE: Make a motion to accept, since I grilled you. MR. ORTEGA: Second. MS. ELROD: Second. CHAIRMAN KAUFMAN: And we have a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you, board members. CHAIRMAN KAUFMAN: We're going to take a 15-minute break. How's that, Terri? I got it within a minute. Okay. (A brief recess was had from 10:29 a.m. to 10:44 a.m.) July 23, 2020 Page 55 CHAIRMAN KAUFMAN: Call the Code Enforcement Board back to order. Our next case is? MS. BUCHILLON: Next item on the Agenda, No. 20, CEPM20190008606, Arthur S. Nichols and Stella M. Nichols. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. I met with the property owner's power of attorney yesterday, and we agreed that: One, pay operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days of this hearing; Two, to abate all violations by: Chemically treating the pool water, killing the algae growth, and maintaining the filtration system to keep the pool water clean and providing biweekly treatments or obtaining all required Collier County building permits, inspections, and certificates of completion/occupancy for the conversion of the pool to a pond within 60 days of this hearing, or a fine of $250 will be imposed for each day the violation continues. Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the investigator perform a site inspection to confirm compliance; And, four, that if the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: How much time was the abatement? MR. MUCHA: Sixty days. And the reason I did that is the owner wants to turn the pool into a pond. And I've talked to the July 23, 2020 Page 56 building official, John Walsh, and he says, yes, there is a process to do that. He has to apply for a permit, and then somebody goes out and makes sure that, okay, it's no longer a pool, and it's a pond. I guess there's a process. This is new to me. Fifteen years I've been doing this, and I haven't seen this yet. But I guess it's possible. MR. LEFEBVRE: I've been doing it for 19 years, and I've never seen turning a pool to a pond. CHAIRMAN KAUFMAN: What is the difference between a pond and a pool? The first two letters are the same, but other than that... MR. LEFEBVRE: I don't swim in a pond, but I swim in a pool. MR. ORTEGA: You're still going to have a filtration system. You're not going to chemically treat it. You're going to have either vegetable matter -- you're going to have fish, coy. MR. MUCHA: Yeah. There's going to be fish. The guy wants to have fish in there, and he's going to put an aerator in there, I guess. CHAIRMAN KAUFMAN: The other thing that you mentioned, that it had to be treated biweekly. MR. MUCHA: Well, I was just giving him the option in case, for some reason, the pond thing didn't work out. He would still have to convert it back to a pool. Because right now it's full of algae. He's got a lot of work to do to bring it up to snuff, so... CHAIRMAN KAUFMAN: Okay. Any other questions on this? MR. ORTEGA: Yes. CHAIRMAN KAUFMAN: Yes. MR. ORTEGA: Is there protective devices, fences, screen enclosures around this? MR. MUCHA: Yes, there's a fence around it. But, actually, from what John Walsh told me, if he converts it to a pond, the protective barrier's no longer required. MR. ORTEGA: Even if it's greater than two feet deep? July 23, 2020 Page 57 MR. MUCHA: According to John Walsh, yeah. CHAIRMAN KAUFMAN: That makes no sense. MR. ORTEGA: That's news to me. CHAIRMAN KAUFMAN: You can drown in a pond just as easily as drowning in a pool. Okay. MS. ELROD: Motion to accept. CHAIRMAN KAUFMAN: We have a motion to accept. MS. DAVIS: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thanks, Joe. MR. MUCHA: Thank you. MS. BUCHILLON: Next item on the Agenda, under Hearings, No. 9, CESD20190008083, Jantina Jo Hanna. (The speaker was duly sworn and indicated in the affirmative.) MR. JOHNSON: I do. CHAIRMAN KAUFMAN: Let the record show the respondent is not present. Okay, John. MR. JOHNSON: Good morning. For the record, John Johnson, Collier County Code Enforcement. CHAIRMAN KAUFMAN: Let me stop you for one second. Has notification been sent? You want to read that into the record. MS. BUCHILLON: Respondent was notified by certified mail on July 2nd, '20, and it was also posted at the courthouse and the July 23, 2020 Page 58 property on June 30th, 2020. CHAIRMAN KAUFMAN: Okay. Thank you. MR. JOHNSON: Also, this week Supervisor Mucha spoke with her, and I emailed with her, so we've given her many notices. CHAIRMAN KAUFMAN: Okay. Did she say that she was going to be here? MR. JOHNSON: As of the day before yesterday she wasn't sure. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: This is in reference to Case No. CESD20190008083 dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 1.04.01(A), specifically, a mobile home that has had extensive interior modifications, a separate garage building structure, and an accessory structure on the rear of the property do not have the required permitting, inspections, and approvals from the county, located at 3061 Lunar Street, Naples, 34112; Folio No. 53352760003. Service was given on January 16th, 2020. I would now like to present case evidence in the following exhibits: Property info and aerial from Property Appraiser. MR. LETOURNEAU: They've got to accept. MR. JOHNSON: I'm sorry. CHAIRMAN KAUFMAN: Tell us what you're going to do, and then -- MR. JOHNSON: Okay. That's a great question, because -- I'd almost like to read the narrative before you see the photos. But the respondent did give Supervisor Mucha and myself the opportunity to go inside this modified mobile home, and so we were able to actually take interior pictures. And it's important, when I get to the narrative of this, this was reported to us as a possible hotel/motel/sober home being run in this mobile home. July 23, 2020 Page 59 CHAIRMAN KAUFMAN: Okay. I just want to know how many pictures so we can make a motion before the Board to accept them. MR. JOHNSON: Eleven photos taken by me and, of course, the aerial from the Property Appraiser so you can see where it is. CHAIRMAN KAUFMAN: Okay. Get a motion from the Board to accept the photos. MR. LEFEBVRE: Before we do that, I have a question. There's two letters of correspondence between the respondent and -- I guess the respondent asking for more time. MR. JOHNSON: Correct. MR. LEFEBVRE: I guess. MR. JOHNSON: We actually -- I'm sorry. I didn't mean to cut you off. We actually gave her the extension of time previously, and at this point, I believe, if you'll indulge the county to present this case, I think you'll see why we need to present this case. MR. LEFEBVRE: Okay. I just want to make reference -- MR. JOHNSON: Sure. MR. LEFEBVRE: -- in her second letter from yesterday, today's the 23rd, she actually does admit that it's a sober house. Defendant -- have not able to speak to a lawyer who can defend a sober house. MR. JOHNSON: Actually, she has a BTR for a sober home, so that's not our issue. MR. LEFEBVRE: Okay. MR. JOHNSON: But you'll see as we go. MR. LEFEBVRE: I'm sorry. We have a motion, but I just didn't want to neglect that. MR. JOHNSON: Okay. CHAIRMAN KAUFMAN: So, could we get a motion to accept July 23, 2020 Page 60 the photos. MR. LEFEBVRE: Make a motion to accept. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: And a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Okay. Now. MR. LETOURNEAU: John, did you want to go through your case testimony first, and then we can go through the photos afterwards? MR. JOHNSON: Yeah. If you could just put up the aerial from Property Appraiser so they can see that this -- where this property is located. It's off Bayshore on Lunar. I think you-all probably know that area and, as I mentioned, this is a mobile home. So, yeah, I'd like to do my presentation, if that's okay, and then we'll look at the photos, because I think it will make more sense. CHAIRMAN KAUFMAN: You could do commentary while the photos are going up, each one. MR. JOHNSON: I'm not that clever. CHAIRMAN KAUFMAN: Okay. MR. JOHNSON: On July 3rd, 2019, the Bayshore CRA reported a residential property that was being used as a hotel/motel and a sober home. It appeared that multiple rooms were being rented out in this mobile home. Subsequent investigations confirmed that a sober home was July 23, 2020 Page 61 being operated at this location with the required BTR, the business tax receipt. Upon interior inspections of the primary structure, the building official determined that permitting violations related to this complaint do exist and, as such, the county permitting, inspections, and approval processes must be fulfilled for all structures on this parcel. So as we go through these photos, what you're going to see is how this mobile home, best we could do, has been, I'll use the word, chopped up or broken up into multiple small little living areas, if you will. So that's the outside of the home there. The garage is on the left. There's a -- it's a shed structure in the back. The garage is also used as living area. The shed area in back is used as living area. And, of course, inside this mobile home and the porch added to the left there is also used as living area. So, you can kind of go through them now, Jeff, if you will. CHAIRMAN KAUFMAN: Let me ask a question -- MR. JOHNSON: Sure. CHAIRMAN KAUFMAN: -- as you go through them. I'm not a youngster, but I've never heard of a sober home. Are there drunk homes? MR. JOHNSON: Well, this is for people that are recovering that have addiction problems. So, it's not just alcohol. It's for people that are recovering. It provides a place, if you will, for these people to live less expensively. I believe the rents that are offered there are into 3- to $500 a month range. Some of them even have children. CHAIRMAN KAUFMAN: Does that change -- does -- whether you call it a sober home or anything else, does that change the code at all? MR. JOHNSON: That's a great question, and no it does not, and that was always her contention, so, that's -- thank you. July 23, 2020 Page 62 CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: So, in other words, Zoning does not permit it? MR. JOHNSON: Zoning -- Zoning does not permit the structure from a Building Department standpoint. Zoning did allow -- they do have a license -- a BTR license to operate a sober home, but that has restrictions as well. No more than five people being one of them and, of course, the other one, which you'll know, is it has to be -- because it's a business, it has to be a building approved by the Florida Building Department. And certainly this -- this mobile home was put there in 1977, and it's been modified tremendously, so, you know, it does not come near meeting the criteria to be that kind of home. So, any other -- you want to see some of the pictures? You have the idea now anyway. So, Jeff, if you could please go through those pictures. So, like I say, each -- small areas have been modified, little kitchenettes. You'll see extra bathrooms. There's been extra entry points added to this structure. Now, as he's going through these, we did actually talk to Zoning and the Building Department to see what would it take to put her into compliance to do this here, and for the sober home, it would require -- it would have to meet Florida Building Codes, which is virtually impossible unless she returned it to its 1977 permitted state and would require a sprinkler system. And then we asked them, well, what would it do if she wanted to make this a rental property, a permitted rental property? Again, she'd have to return it to the 1977 permitted state and get the permits to do all that. And that's -- basically, it's near impossible. MR. ORTEGA: Well, I believe that areas in a flood zone. MR. JOHNSON: And that issue could be. That I didn't look into, but there's so many -- you know, we looked at this from all July 23, 2020 Page 63 different angles. We've been researching this for a while. And, really, the bottom line is what you said, Mr. Kaufman, is that these structures do not meet Florida Building Code. They're not permitted. So -- and, basically, that's the end of my presentation. To date these permitting violations still remain. CHAIRMAN KAUFMAN: Okay. Do you have specific violations? Electrical? Plumbing? How many units there are; how many square-foot in the unit? Are there specific violations? MR. JOHNSON: Not to that detail, but these modifications, per the building inspector's determination, raise to the level of requiring permits, but all of those things you just me ntioned were done. CHAIRMAN KAUFMAN: Okay. MR. ORTEGA: A trailer does not require a permit, but when you're in a flood zone, now you do. And that happened, I believe, during the 2017 Florida Building Code cycle. CHAIRMAN KAUFMAN: Okay. Well, I believe that is in a flood zone. MR. ORTEGA: Uh-huh. But the additional structures -- they're not all attached, are they? MR. JOHNSON: No. Just the -- that porch on the left-hand side. The garage is detached, and there's a large shed in the back that's on its own. CHAIRMAN KAUFMAN: Has that been inspected by the Fire Department? MR. JOHNSON: No. CHAIRMAN KAUFMAN: Is that one of the requirements? MR. JOHNSON: For a sober home? CHAIRMAN KAUFMAN: For a home that's -- MR. JOHNSON: Well, if she had gotten the permits, it wouldn't be -- I don't think it would be required because it's a quote -unquote single-family home but, no, it has been not -- now, the other thing, July 23, 2020 Page 64 too, in the sober home, in this space -- and we also have occupancy limits in all our structures. She wouldn't be allowed more than five people, and when we were there, somewhere between 10 and 12 people were residing there. CHAIRMAN KAUFMAN: Okay. So, our first question is, does a violation exist? Anybody like to -- MR. ORTEGA: I make a motion that a violation does exist. MR. LEFEBVRE: Second. CHAIRMAN KAUFMAN: And we have a second. So all those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. A violation exists. And you have a suggestion for us? MR. JOHNSON: I do. We have a recommendation: That the Code Enforcement Board orders the respondent to pay al l operational costs in the amount of $59.28 incurred in the prosecution of this case within 30 days; and abate all violations by: One, obtaining all required Collier County building permits or demolition permit, inspections, and certificate of completion/occupancy for the mobile home modifications, the separate garage building, and the accessory structure at the rear of the property within blank number of days of this hearing, or a fine of X number of dollars per day will be imposed until the violation is abated; July 23, 2020 Page 65 Number 2, the respondent must notify the Code Enforcement investigator when the violation has been abated in order to conduct a final inspection to confirm abatement. If the respondent fails to abate the violation, the county may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this order, and all costs of abatement shall be assessed to the property owner. CHAIRMAN KAUFMAN: Well, a couple of items I'd like to mention. Number one -- is this a safety and health problem for us, number one, before you select how many days and how many dollars. That's number one. I would think that there is. MR. JOHNSON: Yes. I just confirmed with Mr. Letourneau and Mr. Mucha, yes, that is a safety -- health safety. CHAIRMAN KAUFMAN: Okay. So, whoever fills in the blanks on your recommendation should take that into consideration when assigning how many days is it given to the respondent to take care of the problem. Okay. MS. BUCHILLON: I do want to make a correction. CHAIRMAN KAUFMAN: Sure. MS. BUCHILLON: The operational cost is 59.21 not 59.28. MR. JOHNSON: She just saved seven cents. Thank you. MR. LEFEBVRE: All right. I'll -- operational costs in the amount of 59.21 be paid within 30 days, and 30 days to abate the issue, or a fine $350 a day. CHAIRMAN KAUFMAN: I'll second that. A little comment on that is, well, the short time, because it is safety and health, I think that certainly meets the criteria, and $350 a day is significant also if there are, you said, 10 or 11 people living there. MR. JOHNSON: There were at that time, yes. July 23, 2020 Page 66 CHAIRMAN KAUFMAN: Okay. MR. LEFEBVRE: My consideration for that was also that there's kids involved, so -- they don't have a choice to be there. So, we need to make sure we take action immediately and have a large fine. CHAIRMAN KAUFMAN: Okay. Any comments on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. Thank you, John. MR. JOHNSON: Thank you. MS. BUCHILLON: Next item on the Agenda, under Old Business, Motion for Imposition of Fines, No. 1, CESD20180011094, 11724 Quail Village Way Trust. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: I do. CHAIRMAN KAUFMAN: Could you read that case number again for me, please. MS. BUCHILLON: CESD20180011094. CHAIRMAN KAUFMAN: I thought I had that marked as being withdrawn, unless I'm wrong. MS. BUCHILLON: No, because there was two on that same – under old business under motion for rehearing. That's the one that's July 23, 2020 Page 67 withdrawn. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: So good morning. I could read the imposition of fines into the record. CHAIRMAN KAUFMAN: Okay. MS. PEREZ: For the record, Cristina Perez, Collier County Code Enforcement Supervisor. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a), Section 10.02.06(B)(1)(e), and Section 10.06.06(B)(1)(e)(i). Location: 11724 Quail Village Way, Naples, Florida; Folio No. 00184680003. Descriptions: Alterations of interior building but not limited to structural, drywall, cabinetry, electrical and plumbing, and no Collier County building permit was obtained. Past orders: November 22nd, 2019, the Code Enforcement Board issued findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5703, Page 3277, for more information. The violation has been abated as of May 6th, 2020. Fines and costs to date are as follows: Fines have accrued at the rate of $250 per day for the period from March 22nd, 2020, to May 6th, 2020, 46 days, for a total fine amount of $11,500. Previously assessed operational costs of $59.28 have been paid. Operational costs for today's hearing is $59.28. Total amount is $11,559.28. CHAIRMAN KAUFMAN: Okay. Anybody have any comments or would like to make a motion on this? MS. PEREZ: We do have a letter from the respondents, or an email. July 23, 2020 Page 68 CHAIRMAN KAUFMAN: July 22nd letter? MS. PEREZ: Yes. CHAIRMAN KAUFMAN: Yeah, it's in our package. MR. LEFEBVRE: Make a motion to deny the county's request for imposing of fines. MS. ELROD: Second. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: Next item on the Agenda under Imposition of Fines, No. 2, CESD20140017894, Americo Arias, Jr., and Caroline Arias. (The speaker was duly sworn and indicated in the affirmative.) MR. AMBACH: I do. Good morning. CHAIRMAN KAUFMAN: Hi, Chris. Do you want to read this into the record? MR. AMBACH: I do, thank you. For the record, Chris Ambach, Collier County Code Enforcement. Violations: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Location: 2087 Desoto Boulevard, Naples, Florida; Folio No. 40420400004. Description of violation: Incomplete home. Past orders: On May 28, 2015, the Code Enforcement Board July 23, 2020 Page 69 issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5163, Page 1490, for more information. On April 29th, 2016, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5270, Page 2598. On October 28th, 2016, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5330, Page 3009. On May 25th, 2017, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5400, Page 3547. On October 26th, 2018, the Code Enforcement Board granted a continuance. See the attached order of the Board, OR5567, Page 3036. On July 25th, 2019, the Code Enforcement Board granted an extension of time. See the attached order of the Board, OR5661, Page 3473. The violation has been abated as of April 23rd, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from January 22nd, 2020, to April 23rd, 2020, 93 days, for a total fine amount of $18,600. Previously assessed operational costs of $65.43 have been paid. Operational costs for today's hearing: $60.05. Total amount: $18,660.05. CHAIRMAN KAUFMAN: This sets a record, as far as I know. MR. AMBACH: That is the record. CHAIRMAN KAUFMAN: Five years. MR. LEFEBVRE: If I'm not mistaken, in '15, or sometime before then, the individual that came in front of us had purchased the July 23, 2020 Page 70 property. It was a real huge house, if I remember. MR. AMBACH: Yes, that's it. MR. LEFEBVRE: And he wanted to build it -- finish it off for himself or something. I can't remember exactly the story. MR. AMBACH: Yes. MR. LEFEBVRE: But I do remember this one. So it's been sold as of July -- June 11th, so last month, a little over a mon th ago -- MR. AMBACH: Yes. MR. LEFEBVRE: -- to a new owner. MR. AMBACH: Yes. MR. LEFEBVRE: Is there any correspondence for them asking for something? MR. AMBACH: Yes, there is a letter. Jeff -- MR. LETOURNEAU: I'll put it up. Hold on. MR. AMBACH: I've spoken with the new owner, who had no idea this had happened. So, in this letter they are requesting an abatement of fines, and the county does not object. MR. LEFEBVRE: I mean, I guess the question I have is, because this is -- was looming over this house, did they get a better deal on it? I find it hard to believe that they didn't know that -- there's -- most title companies now do searches, and I would think this would come up since we gave him -- MR. AMBACH: I have a copy of that, a copy of that lien search, and it was a surprise to the company that the information was on there. CHAIRMAN KAUFMAN: Surprise to the company that bought it? MR. AMBACH: No, the company that did the lien search, sir. CHAIRMAN KAUFMAN: Oh. MR. AMBACH: I've also been in contact with a member and said, clearly, your company did the lien search and the information July 23, 2020 Page 71 says there's an open code case, fines have not been imposed, but a daily fine has accrued for a certain amount of time. CHAIRMAN KAUFMAN: Well, if you went back to the beginning of time when this case started, instead of being 18,000, it would be more like 418,000. MR. AMBACH: Oh, of course, yes. CHAIRMAN KAUFMAN: So as this went down, we kept on granting continuances. MR. LEFEBVRE: No, extensions. CHAIRMAN KAUFMAN: No. They were continuances in the beginning, and then once you do an extension of time, you kind of erase all the others. MR. LEFEBVRE: Right. CHAIRMAN KAUFMAN: We have the ability to accept the fine of 18,000 on some part of that or none of that. So that's what's before us right now. MS. ELROD: I'll make a motion to deny the county the imposition of fines. CHAIRMAN KAUFMAN: Okay. Do we have a second? (No response.) CHAIRMAN KAUFMAN: Hearing none. We can move on to would someone like to make another motion? MR. LETOURNEAU: Um -- MR. LEFEBVRE: Go ahead. CHAIRMAN KAUFMAN: Jeff? MR. LETOURNEAU: Due to the virus, we asked that -- we basically told the constituents that this letter would probably be good enough to get the fines waived and, due to the virus, we didn't want the -- the less amount of people we got in here the better. I'd really be comfortable to bring this back next month if -- and ask those people to be here rather than impose fines at this point. July 23, 2020 Page 72 CHAIRMAN KAUFMAN: Well, it's okay with me. Is it okay with the rest of the Board? (No response.) CHAIRMAN KAUFMAN: I understand what Gerald has said. If I was looking to buy a house, for instance, and I saw that there was a huge amount of fines that are on the property, I could probably go back to the person that's selling it and explain, you want X amount of dollars, but there is a huge potential for a lot of that money going bye-bye with the fine. MR. LETOURNEAU: Chris, did I misunderstand that the title company did see the code case but it wasn't relayed and the sale went through anyways? MR. AMBACH: That's correct, yes. MR. LETOURNEAU: Really, the new owner didn't have any idea of it. MR. AMBACH: Right, the new owner had no idea. I have a copy of it here. I don't know if I can -- MR. LETOURNEAU: So, there was a mix-up in the sale? MR. AMBACH: That's correct. MR. LETOURNEAU: The title company should have thrown up a red flag -- MR. AMBACH: Yes. MR. LETOURNEAU: -- the sale shouldn't have went through -- MR. AMBACH: Correct. MR. LETOURNEAU: -- and we wouldn't be here where we are right now. However, this poor gentleman bought the property. The title search was done figuring everything was all clear. The property was sold to him. You show up on his doorstep and say, oh, by the way, there's $18,000 of fines right here. MR. AMBACH: Exactly. MR. LETOURNEAU: So, I mean, the county would be a lot July 23, 2020 Page 73 more comfortable if these people were here to explain this rather than, you know, not being here. MR. LEFEBVRE: Well, with that being said, if we did have -- if we did have code enforcement hearings every month, this probably would have been brought to us prior to this closing. MR. LETOURNEAU: Yes. MR. AMBACH: True. MR. LEFEBVRE: So, we would have been able to make a decision then. MR. AMBACH: Right. MR. LEFEBVRE: But to have the new owner not know about it and not have meetings and not being able -- we would have been able to clear this up prior to closing on June 20th. CHAIRMAN KAUFMAN: Prior to the 93 days that he's being fined. MR. LEFEBVRE: No, no. What I'm trying to get at is if we had a meeting in May to kind of get the imposition of fines taken care of, they would have closed in June, and it would have been resolved. But because we didn't have any hearings, it's now July. They closed, and we have an issue. So, I think with that being known, we shouldn't really penalize the new buyer, because it would have been resolved prior to closing. MR. LETOURNEAU: The county totally agrees with that. MR. AMBACH: Yes. MR. LEFEBVRE: So, I don't know if you want to bring your motion back. MS. ELROD: Absolutely. MR. LEFEBVRE: You have a second. MS. ELROD: Okay. CHAIRMAN KAUFMAN: Okay. So, we have a motion to, in essence, abate the fine, deny the county's ability to collect it. Any July 23, 2020 Page 74 comment on the motion? (No response.) CHAIRMAN KAUFMAN: Hearing none, all those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. LEFEBVRE: Thank you. MR. AMBACH: Thank you. MR. LEFEBVRE: We can't hold up people's lives because of this, and it wasn't anything to do with them, so... MR. AMBACH: Appreciate it. Thank you. MS. BUCHILLON: Next item on the Agenda, No. 3, CEV20170019610, Panter Colon-Taboada. (The speaker was duly sworn and indicated in the affirmative.) MS. PEREZ: Yes, I do. Good morning. For the record, Cristina Perez, Collier County Code Enforcement Supervisor. Violation is Collier County Land Development Code 04-41, as amended, Section 3.05.01.B, Section 10.02.06(B)(1)(a), and Section 10.02.06(B)(1)(e) [sic]. Location: 4460 3rd Ave. Southwest, Naples, Florida; Folio 36613600007. Description is removal of native vegetation using heavy machinery without first obtaining a vegetation removal permit where the total area cleared exceeds the one acre, approximately 58,627 square feet, allowed to be cleared by the building permit for July 23, 2020 Page 75 construction of the principal structure; alteration of land through placement of fill that removed or otherwise destroyed vegetation without first obtaining approval from Collier County. Past orders: On March 28th, 2019, the Code Enforcement Board issued findings of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinances and ordered to correct the violation. See the attached order of the Board, OR5618, Page 1649, for more information. The violation has been abated as of April 6th, 2020. Fines and costs to date are as follows: Part B of the order, fines have accrued at the rate of $150 per day for the period from July 27th, 2019, to April 6th, 2020, 255 days, for a total fine amount of $38,250. Part C of the order, fines have accrued at the rate of $150 per day for the period from September 25th, 2019, to April 6th, 2020, 195 days, for a total fine amount of $29,250. Previously assessed operational costs of $59.49 have been paid. Operational costs for today's hearing is $59.49. Total amount: $67,559.49. CHAIRMAN KAUFMAN: There's a letter attached to this as well. MS. ELROD: And, again, the county recommended them sending letters instead of appearing, correct? MS. PEREZ: Correct. MR. LETOURNEAU: Yes. MS. ELROD: Okay. CHAIRMAN KAUFMAN: Okay. Anybody like to make a motion? MR. ORTEGA: I've got a question. Under the order of Code Enforcement Board where it states removal of native vegetation using heavy machinery without first obtaining vegetation removal permit July 23, 2020 Page 76 and where the total cleared exceeds one acre, comma, approximately 58,627 square feet allowed to be cleared. Does that sound kind of contradictory? MS. PEREZ: Well, he had -- MR. ORTEGA: And acre is of 43,560. MS. PEREZ: Well, no. She was saying that that's the approximate area that's been cleared. MR. ORTEGA: But it also says allowed to be clear right beyond that. 43,560 is the allowed to be cleared. MS. PEREZ: Yeah. So, they cleared a total of the 58-. So it was in excess of the one acre, and she specified how much in total of the property had been cleared. MR. ORTEGA: It's just the way it's worded. MS. PEREZ: Correct. CHAIRMAN KAUFMAN: So, when you have a permit, you can clear one acre. MS. PEREZ: Right. CHAIRMAN KAUFMAN: Plus, I think -- are you saying you can clear the one acre, 43-, plus the -- MR. ORTEGA: You're allowed clear up to one acre. CHAIRMAN KAUFMAN: -- plus where the permitted building is going to be? MR. ORTEGA: No. You're allowed to clear one acre. CHAIRMAN KAUFMAN: One acre. MS. PEREZ: Total. CHAIRMAN KAUFMAN: 43,560. MR. LEFEBVRE: Yeah. This is not clear at all. Was it 15 -- roughly 15,000 square feet more, or was it 58,000 square feet more than one acre? So, I agree with you. It's very unclear how much more was cleared than the one acre, but that's semantics more than anything else. July 23, 2020 Page 77 Why did it take so long to bring it into compliance? MS. PEREZ: Well, the property came before you in March, and the owner, he initially had some mitigating circumstances, personal reasons as to why he was not able to -- he had moved from the premises initially and was not able to come back to be able to rectify the issue. And then there was a lack of understanding, so -- which is when the attorney was hired to resolve the matter for him. So once the attorney was involved, they were, you know, in constant communication. The attorney -- the property owner tried to come to a solution to obtain a vegetation removal permit; wasn't able to. When the attorney got involved, there was more open communication and understood the process that needed to be -- that needed to take place; communicated through Code Enforcement with Environmental Services to be able to get that permit issued to them. MR. LEFEBVRE: Make a motion to deny the county's request. MS. ELROD: Second. MR. ORTEGA: Second. CHAIRMAN KAUFMAN: We have a motion and second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. PEREZ: Thank you, board members. MS. BUCHILLON: And our next and last item on the Agenda, No. 6, CESD20190012462, CLC of Naples LLC. July 23, 2020 Page 78 (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. MS. BUCHILLON: We have one more. MR. MUCHA: This is dealing with a violation of Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Violation location is 3415 Cherokee Street; Folio No. 74413240001. Description of the violation is a home hauled onto the property without first obtaining permits. Past orders: On January 24th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5733, Page 1925, for more information. Violation has not been abated as of -- as of July 23rd, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $1,000 per day for the period from February 24th, 2020, to July 23rd, 2020, 151 days, for a total fine amount of $151,000. Fines continue to accrue. Previously assessed operational costs of $59.28 have not been paid, operational costs for today's hearing is $59.28, for a total fine amount of $151,118.56. CHAIRMAN KAUFMAN: As I remember, this had something to do with a drug house. No? MR. MUCHA: No. MR. LEFEBVRE: This was -- was this the one where the guy -- older guy kept on coming in on different houses? He owned several houses? July 23, 2020 Page 79 MR. MUCHA: This is Cadenhead. MR. LEFEBVRE: Yeah. Is it Thomas or something? MR. MUCHA: Bobby Cadenhead. CHAIRMAN KAUFMAN: Yeah. MR. LEFEBVRE: That's who it is. CHAIRMAN KAUFMAN: Well, the operational -- previous operational costs have not been paid, so... MR. LEFEBVRE: Make a motion to impose. CHAIRMAN KAUFMAN: We have a motion to impose. MS. ELROD: Second. CHAIRMAN KAUFMAN: And it's seconded. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MS. BUCHILLON: And we do have one more case. I apologize. MR. LEFEBVRE: Number 8. MS. BUCHILLON: Number 8, CEV20190012844, Steven J. Stilton Estate. (The speaker was duly sworn and indicated in the affirmative.) MR. MUCHA: I do. For the record, Joe Mucha, Supervisor, Collier County Code Enforcement. This is dealing with a violation of Collier County Code of Laws and Ordinances, Section 130-95. July 23, 2020 Page 80 Violation location is 120 Andrea Lane; Folio No. 738680006. Description of violation is a vehicle parked in the front yard with no license plate. Past orders: On January 24th, 2020, the Code Enforcement Board issued a finding of fact, conclusion of law and order. The respondent was found in violation of the referenced ordinance and ordered to correct the violation. See the attached order of the Board, OR5733, Page 1927, for more information. The violation has been abated as of July 6th, 2020. Fines and costs to date are as follows: Fines have accrued at a rate of $200 per day for the period from February 9th, 2020, to July 6th, 2020, for 149 days for a total fine amount of $29,800. Previously assessed operational costs of $59.21 have not been paid. Operational costs for today's hearing, $59.28, for a total amount of $29,918.49. CHAIRMAN KAUFMAN: We're back in the same situation with the operational costs having not been paid. MR. LEFEBVRE: A little bit different. CHAIRMAN KAUFMAN: Yeah. MR. LEFEBVRE: There are mitigating factors No. D -- or Letter D, not number. Letter D, owner is deceased. MR. MUCHA: Yes, sir. CHAIRMAN KAUFMAN: It's hard to fine him then. MR. LEFEBVRE: So, does he have a personal representative or someone -- MR. MUCHA: No. This is like -- it's abandoned, and it's just by pure luck that the vehicle was removed. We don't know who removed it. MR. LEFEBVRE: Looking for scrap, probably. MR. MUCHA: Or it could have been -- I think squatters may have been living there. I don't know. So, it's -- no contact from July 23, 2020 Page 81 anybody on this. CHAIRMAN KAUFMAN: So, what happens? The county winds up with this property? MR. MUCHA: That's up to the County Attorney's Office, so... CHAIRMAN KAUFMAN: I don't know if it would -- MR. LETOURNEAU: An idea would be just to assess the operational costs. I mean, that's just -- that's off the top of my head right there, I mean, since you're dealing with a deceased person. CHAIRMAN KAUFMAN: Okay. Do we know when this person died? MR. MUCHA: I have no idea. I mean, it's probably been a few years, I imagine. MR. ORTEGA: Has it changed ownership? MR. MUCHA: No. CHAIRMAN KAUFMAN: There is no heir, so it becomes the county's property, I'm assuming. MS. ELROD: Unless he owes on it. Then it’s becoming the banks. MR. MUCHA: And this is part of the Westwind's mobile home park, so they may foreclose on it, too, as I'm sure the assessments are not being paid there, because they've done that with another property that we had -- CHAIRMAN KAUFMAN: Sure. MR. MUCHA: -- issues with over there. CHAIRMAN KAUFMAN: Why don't we take Jeff's suggestion then and impose $59. MR. LEFEBVRE: If we impose a fine and then the association -- and this is an attorney question maybe, and the association forecloses on their lien, does the county's lien get paid? CHAIRMAN KAUFMAN: Which has precedent? MR. LETOURNEAU: Yeah. It depends on which lien was July 23, 2020 Page 82 filed first, I believe. CHAIRMAN KAUFMAN: Patrick, are you there? MR. WHITE: Yes, on mute but now on. My understanding is that the county would probably have priority. CHAIRMAN KAUFMAN: I agree. So why don't we just assess the operational costs, as Jeff has mentioned, and move on. Do you want to make that as a -- MR. LEFEBVRE: It sounds like you made the motion, so I'll second it. CHAIRMAN KAUFMAN: Okay. We have a motion and a second. All those in favor? MS. ELROD: Aye. MS. DAVIS: Aye. CHAIRMAN KAUFMAN: Aye. MR. LEFEBVRE: Aye. MR. ORTEGA: Aye. CHAIRMAN KAUFMAN: Opposed? (No response.) CHAIRMAN KAUFMAN: It carries unanimously. MR. MUCHA: Thank you. CHAIRMAN KAUFMAN: Are we done? MR. WHITE: Clarification, Mr. Chair. MS. BUCHILLON: We're done. MR. LEFEBVRE: Patrick, you have to speak up. MR. WHITE: Clarification on the amount. Is that only one of the two costs of prosecution and, if so, which one? CHAIRMAN KAUFMAN: It's just the operational costs. The other one, I guess, has been abated. MR. LEFEBVRE: So not the operational costs for today's meeting, just the 59.21 that has not been paid. CHAIRMAN KAUFMAN: Correct. July 23, 2020 MR. LEFEBVRE: And then there's three open cases, so -- okay. CHAIRMAN KAUFMAN: Okay. Everybody should stay healthy. Patrick, we'll see you next time. We are adjourned. MR. WHITE: Looking forward to it, sir. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 11 :30 a.m. NFORCNT BOARD BERT F AN, CHAIRMAN These minutes approved by the Board on 00),,t-i- w)ao, as presented ` or as corrected TRANSCRIPT PREPARED ON BEHALF OF FORT MYERS COURT REPORTING BY TERRI LEWIS, FPR, COURT REPORTER AND NOTARY PUBLIC. Page 83